Workplace injuries can disrupt every part of your life—from your income to your long-term health. If you’ve been hurt on the job in Vermont, understanding your rights under the state’s workers’ compensation system can help you get the support you need while you recover. Here’s a breakdown of Vermont’s rules, benefits, and procedures.
Who Is Covered by Vermont Workers’ Compensation Laws?
Vermont requires most employers to carry workers’ compensation insurance. This includes businesses with even just one employee. Both full-time and part-time workers are covered, as well as seasonal and temporary employees.
There are a few exceptions:
- Independent contractors (though misclassification is common and can be challenged)
- Sole proprietors without employees
- Certain agricultural or domestic workers
If you’re unsure whether your job qualifies, it’s worth seeking clarification from the Vermont Department of Labor or a qualified attorney.
What Injuries and Conditions Are Covered?
Workers’ compensation covers a wide range of injuries and illnesses as long as they occur “in the course and scope” of employment. Covered incidents include:
- Accidental injuries (slips, trips, falls, equipment-related injuries)
- Repetitive strain injuries (like tendinitis or carpal tunnel syndrome)
- Occupational illnesses (like exposure-related diseases or respiratory issues)
- Psychological conditions (if they’re related to a physical injury or traumatic event)
Pre-existing conditions that are aggravated by work activities may also be covered.
Steps to File a Workers’ Compensation Claim in Vermont
- Report the Injury Immediately: Notify your employer about the injury as soon as possible. Vermont law requires that you report it within 72 hours, but don’t wait—delays could affect your claim.
- Seek Medical Care: Your employer can designate an initial treating physician, but you’re allowed to change providers once without approval. Be sure to tell your doctor that your injury is work-related.
- Employer Submits the Report: Your employer must file a Form 1 – First Report of Injury with the Vermont Department of Labor within 72 hours.
- Insurer Investigates: The workers’ comp insurance carrier will evaluate your claim and decide whether to approve or deny benefits. They must respond within 21 days of the injury report.
- Start Receiving Benefits: If approved, benefits are typically issued quickly. If denied, you can file an appeal.
What Benefits Are Available?
Vermont offers several types of workers’ compensation benefits:
- Medical Benefits: Includes all necessary medical treatment, surgeries, therapy, medications, and travel expenses related to the injury.
- Temporary Total Disability (TTD): If you’re unable to work at all, you’ll receive about two-thirds of your average weekly wage, up to a maximum set by the state each year.
- Temporary Partial Disability (TPD): If you return to work in a reduced capacity, you may receive partial wage replacement.
- Permanent Partial Disability (PPD): Compensation for permanent loss of function to a body part, based on a rating by your physician.
- Permanent Total Disability (PTD): Lifetime wage replacement if you’re permanently unable to return to any type of employment.
- Vocational Rehabilitation: If you can’t return to your previous job, you may qualify for retraining or job placement assistance.
- Death Benefits: If a worker dies as a result of a job-related injury, dependents may receive weekly payments and funeral/burial expenses (up to a limit).
Limitations and Deadlines
- Reporting Deadline: 72 hours from the time of injury
- Statute of Limitations: 6 months to file a claim formally, although prompt reporting is strongly advised
- Wage Cap: The weekly wage replacement cannot exceed Vermont’s annual maximum, which is updated every July
Appealing a Denied Claim
If your claim is denied, you have the right to:
- Request an Informal Conference with a Workers’ Compensation Specialist
- File an Appeal to the Vermont Department of Labor’s formal hearing process
- Appeal Further to the Vermont Supreme Court if necessary
Legal help can be invaluable during these steps, especially if medical opinions or employment status are in dispute.
Special Considerations for Rideshare Drivers
Rideshare drivers (like those working for Uber or Lyft) are often classified as independent contractors, meaning they are generally not covered under Vermont’s workers’ compensation system.
However, drivers may be covered if:
- They are misclassified and meet the criteria of an employee
- They are employed by a third-party fleet or service that provides workers’ comp
- They are involved in a third-party accident, in which case a personal injury claim may be an option
If you’re unsure about your classification, consult with an attorney familiar with gig economy employment law in Vermont.
Legal Help and Support
Navigating Vermont’s workers’ compensation system can be overwhelming, especially when you’re recovering from an injury. Help is available from:
- The Vermont Department of Labor
- Workers’ compensation attorneys
- Local legal aid clinics
- Union representatives (if applicable)
Getting informed, filing on time, and standing up for your rights can make all the difference in your recovery and financial well-being.