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HF 4047

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/07/2022 03:01pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to employment; providing a cause of action for employees for injuries
caused by COVID-19 vaccination; proposing coding for new law in Minnesota
Statutes, chapter 181.


Section 1.

new text begin [181.958] COVID-19 VACCINATION; EMPLOYER LIABILITY.
new text end

new text begin (a) For the purposes of this section, the following terms have the meanings given:
new text end

new text begin (1) "employee" means a person, independent contractor, or person working for an
independent contractor who performs services for compensation, in whatever form, for an
employer; and
new text end

new text begin (2) "employer" means a person or entity located or doing business in this state and having
one or more employees, and includes the state and all political or other governmental
subdivisions of the state.
new text end

new text begin (b) Notwithstanding chapter 176, an employee who is required by an employer to obtain
a COVID-19 vaccination to remain employed, or as a condition of employment, including
prior to the start of employment, may bring a civil cause of action against the employer for
damages for an injury or death caused by the COVID-19 vaccination. In addition to an
award of actual damages, plus costs and disbursements, the employee may receive back
pay, reinstatement, and other injunctive or equitable relief, plus reasonable attorney fees,
as determined by the district court. Funding from workers' compensation insurance under
chapter 176 does not cover any damages or relief awarded under this section.
new text end

new text begin (c) Any civil action maintained by an employee under this section must be commenced
within one year of the date of the injury or death.
new text end