HF3228

HF3228 (Legislative Session 94 (2025-2026))

Workers' Compensation Advisory Council recommendations adopted.

Related bill: SF3407

AI Generated Summary

Purpose of the Bill

The purpose of this legislative bill is to amend and update the workers' compensation laws in Minnesota. It includes adopting recommendations from the Workers Compensation Advisory Council to re-define who qualifies as an employee and thus who is eligible for workers' compensation benefits. The bill aims to expand and clarify coverage for voluntary and uncompensated workers across various sectors.

Main Provisions

Definition of Employee: The bill expands the definition of an "employee" to include various categories such as voluntary workers, certain students, and members of the military forces engaged in state active service.
Voluntary Workers: The bill specifies that voluntary and uncompensated workers, including those in emergency management, building projects, Minnesota Historical Society activities, educational institutions, and veterans' homes, are considered employees for compensation purposes. It sets the compensation based on usual wages for similar roles performed by paid workers.
Direct Support Services Workers: Workers providing personal care assistance and support services in home and community settings are included as employees. This category includes those who are employed through government-funded programs and require insurance for workers' compensation.
Miscellaneous Inclusions: Faculty members working between academic years and volunteer ambulance drivers are included as employees for compensation in case of injury or death related to their roles.

Significant Changes

The inclusion of a wide range of voluntary and uncompensated workers under the umbrella term of "employee" represents a substantial expansion of the workers' compensation system.
Educational stipends for University of Minnesota students are used to calculate workers' compensation benefits.
The bill specifies that certain voluntary roles within state or community efforts, like pollution control or law enforcement assistance, qualify for workers' compensation.

Relevant Terms

Workers' Compensation
Voluntary Worker
Direct Support Services
Emergency Management
Faculty Member
Personal Care Assistance
Military Forces
Civil Air Patrol

Bill text versions

Introduction PDF file
1st Unofficial Engrossment PDF file
1st Engrossment PDF file

Past committee meetings

Workforce, Labor, and Economic Development Finance and Policy on: May 06, 2025 08:15
Workforce, Labor, and Economic Development Finance and Policy on: May 06, 2025 08:15
Finance on: May 14, 2025 09:00

Actions

Date	Chamber	Where	Type	Name	Committee Name
May 13, 2025	Senate	Floor	Action	Received from House
May 13, 2025	Senate	Floor	Action	Received from House
May 13, 2025	Senate	Floor	Action	Introduction and first reading
May 13, 2025	Senate	Floor	Action	Introduction and first reading
May 13, 2025	Senate	Floor	Action	Referred to	Finance
May 13, 2025	Senate	Floor	Action	Referred to	Finance
May 14, 2025	Senate	Floor	Action	Comm report: To pass as amended
May 14, 2025	Senate	Floor	Action	Comm report: To pass as amended
May 14, 2025	Senate	Floor	Action	Second reading
May 14, 2025	Senate	Floor	Action	Second reading
May 16, 2025	Senate	Floor	Action	Special Order
May 16, 2025	Senate	Floor	Action	Special Order
May 16, 2025	Senate	Floor	Action	Third reading Passed
May 16, 2025	Senate	Floor	Action	Third reading Passed
May 16, 2025	House	Floor	Action	Motion to concur with Senate amendments
May 16, 2025	House	Floor	Action	Motion prevailed
May 16, 2025	House	Floor	Action	Third reading as amended by the Senate
May 16, 2025	House	Floor	Action	Bill was repassed as amended by the Senate
	Senate	Note	Action	Presentment date
	Senate	Note	Action	Presentment date
	Senate	Note	Action	Governor's action Approval
	Senate	Note	Action	Governor's action Approval
	Senate	Note	Action	Secretary of State
	Senate	Note	Action	Secretary of State
	Senate	Note	Action	Effective date
	Senate	Note	Action	Effective date
	House	Floor	Action	Presented to Governor
	House	Note	Action	Governor approval
	House	Note	Action	Governor approval
	House	Floor	Action	Secretary of State, Filed
	House	Note	Action	Chapter number

Citations

[
  {
    "analysis": {
      "added": [
        "New categories of voluntary uncompensated workers are included."
      ],
      "removed": [
        "Specific exclusion of certain types of volunteer workers is removed."
      ],
      "summary": "Amendment to the definition of 'Employee' for workers compensation purposes in section 176.011, subdivision 9.",
      "modified": [
        "Clarification on the wage calculation for various categories of workers."
      ]
    },
    "citation": "176.011",
    "subdivision": "subdivision 9"
  },
  {
    "analysis": {
      "added": [
        "Inclusion of voluntary emergency management workers as potential compensation beneficiaries."
      ],
      "removed": [
        ""
      ],
      "summary": "Definition of emergency management for workers compensation eligibility.",
      "modified": [
        "Clarifications around registration procedures for voluntary emergency workers."
      ]
    },
    "citation": "12.03",
    "subdivision": "subdivision 4"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Definition of state active service as it pertains to the Minnesota military forces under section 190.05, subdivision 5a.",
      "modified": [
        "Defines circumstances under which members of the military may claim workers compensation."
      ]
    },
    "citation": "190.05",
    "subdivision": "subdivision 5a"
  },
  {
    "analysis": {
      "added": [
        "Clarifies entities responsible for volunteer management."
      ],
      "removed": [
        ""
      ],
      "summary": "Definition of local social services agency as it pertains to the inclusion of voluntary uncompensated workers.",
      "modified": [
        ""
      ]
    },
    "citation": "393.01",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Volunteers may be eligible for compensation under certain conditions."
      ],
      "removed": [
        ""
      ],
      "summary": "Covers volunteer services accepted by the commissioner of natural resources.",
      "modified": [
        "Clarifies existing rules about compensation calculation based on comparable employee wages."
      ]
    },
    "citation": "84.089",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Explanation of workers compensation responsibilities for personal care assistance providers."
      ],
      "removed": [
        ""
      ],
      "summary": "Pertains to personal care assistance provider agencies' responsibilities under section 256B.0659, subdivision 33.",
      "modified": [
        "Provides clarity on insurance and fiscal intermediary roles."
      ]
    },
    "citation": "256B.0659",
    "subdivision": "subdivision 33"
  },
  {
    "analysis": {
      "added": [],
      "removed": [
        ""
      ],
      "summary": "Eligibility of direct support service workers for workers compensation under section 256B.0625, subdivision 19a.",
      "modified": [
        "Clarifies when direct support service providers are considered employees for compensation purposes."
      ]
    },
    "citation": "256B.0625",
    "subdivision": "subdivision 19a"
  },
  {
    "analysis": {
      "added": [
        "Requirements for participants' maintenance of workers compensation insurance is specified."
      ],
      "removed": [
        ""
      ],
      "summary": "Responsibilities of agency providers concerning workers in section 256B.85.",
      "modified": [
        "Specifies that agencies are responsible for maintaining workers compensation insurance."
      ]
    },
    "citation": "256B.85",
    "subdivision": ""
  }
]

Progress through the legislative process

Enacted