Vermont Workers Compensation: Understanding and Navigating the System
Introduction
Workers compensation is a system established by law in Vermont to provide benefits to employees who suffer work-related injuries or illnesses. The Vermont Workers Compensation Act requires that employers provide workers compensation insurance for their employees, and establishes a no-fault system, meaning that employees do not have to prove the employer’s fault in causing their injuries to receive benefits. This article will provide an overview of the Vermont Workers Compensation system, including the benefits available to injured employees, the process of filing a claim, and the role of attorneys in the system.
Benefits Available to Injured Employees
Medical Benefits
In Vermont, injured employees are entitled to receive medical benefits to cover the cost of medical treatment related to their work-related injury or illness. These benefits cover reasonable and necessary medical expenses, including doctor visits, hospitalization, prescription medications, and rehabilitation therapy. Injured employees are also entitled to reimbursement for travel expenses related to their medical treatment.
Wage Replacement Benefits
In addition to medical benefits, injured employees in Vermont are entitled to wage replacement benefits, also known as disability benefits, to compensate them for lost wages resulting from their injury or illness. Vermont workers compensation provides four types of wage replacement benefits:
– Temporary Total Disability Benefits: These benefits are paid to employees who are temporarily unable to work as a result of their injury. The employee must be unable to work for at least three consecutive days before benefits start, and benefits can be paid for up to 104 weeks.
– Temporary Partial Disability Benefits: These benefits are paid to employees who are able to work but are earning less as a result of their injury. The employee is entitled to receive two-thirds of the difference between their pre-injury wages and their current earnings.
– Permanent Partial Disability Benefits: These benefits are paid to employees who have permanent disabilities as a result of their work-related injury. The amount of benefits depends on the employee’s age, wage, and the extent of their disability.
– Permanent Total Disability Benefits: These benefits are paid to employees who are permanently unable to work as a result of their work-related injury. Benefits are paid for the employee’s lifetime and are based on the employee’s pre-injury wages.
Death Benefits
In the unfortunate event that an employee dies as a result of a work-related injury or illness, the employee’s dependents are entitled to receive death benefits. These benefits cover reasonable funeral expenses and provide ongoing financial support to the employee’s dependents, including a surviving spouse, children, and any other dependents for whom the employee provided support.
Process of Filing a Claim
Reporting the Injury
To be eligible for workers compensation benefits in Vermont, an employee must report their injury to their employer as soon as possible after the injury occurs. The employee should provide their employer with written notice of their injury, including the date, time, and location of the injury, a description of the injury, and any witnesses to the injury.
Medical Treatment
After reporting the injury, the employee should seek medical treatment for their injury as soon as possible. The employee’s employer or workers compensation insurer is responsible for paying for reasonable and necessary medical treatment related to the employee’s injury or illness.
Filing a Claim
To receive workers compensation benefits in Vermont, the employee must file a claim with the Vermont Department of Labor. The employee must provide the Department of Labor with a written report of their injury, including the date and place of the injury, a description of the injury, the name and address of the employer, and any other relevant information.
The Department of Labor will investigate the claim and determine whether the employee is eligible for benefits. If the employee is eligible, the Department of Labor will notify the employer and workers compensation insurer, who must begin paying benefits to the employee.
Appealing a Denial of Benefits
If the Department of Labor denies the employee’s claim for benefits, the employee may appeal the decision to the Vermont Department of Labor’s Workers Compensation Division. The employee may request a hearing, at which they can present evidence and testimony to support their claim.
Role of Attorneys in the Workers Compensation System
Attorneys can play a valuable role in helping injured employees navigate the Vermont Workers Compensation system. Attorneys can help employees understand their rights and responsibilities under the law, and can assist with filing a claim and appealing a denial of benefits.
Attorneys can also help employees negotiate with their employer or workers compensation insurer to reach a settlement, which can be an alternative to going through a hearing or trial. In some cases, attorneys may also be able to help employees explore other legal options, such as a personal injury lawsuit against a third party responsible for the employee’s injury.
Conclusion
Workers compensation is an important system established by law in Vermont to provide benefits to employees who suffer work-related injuries or illnesses. Injured employees are entitled to receive medical benefits to cover the cost of medical treatment and wage replacement benefits to compensate them for lost wages resulting from their injury or illness. While the workers compensation system can be complex, understanding the benefits available, the process of filing a claim, and the role of attorneys can help injured employees navigate the system and receive the benefits they are entitled to under the law.
A Brief Guide to Vermont Workers Compensation Laws
The law has created many protections for employees who are injured while on the job. Vermont workers compensation law states that all employers must maintain some form of insurance in case this occurs. Failure to do is a violation of VT workers compensation laws. In addition, under Vermont workers compensation law, it is irrelevant whether you are responsible in part or full for an accident. VT workers compensation laws state you are entitled to compensation for resulting medical expenses regardless.
File a written report of any such accident within 30 days to ensure you receive the full benefit of rights under Vermont workers compensation law. You are entitled to receive medical treatment from the physician of your choice as you see fit. Vermont workers compensation laws forbid employers from trying to limit your treatment options. A doctor’s report will be a major factor in evaluating how much compensation you are entitled to under VT workers compensation laws.
However, Vermont workers compensation laws grant employer the right to compel injured people to visit a physician of their choice in order to receive a second opinion concerning the extent of your injuries.
Even if you are granted compensation, you should be careful of accepting any “Section 32” payment. If you are offered a one-time cash settlement, be aware that under Vermont workers compensation law accepting such an offer will make it impossible for you to seek further aid at a later date if your condition worsens or you do not recover as quickly as expected. Consult with an attorney specializing in VT workers compensation laws to ensure any such offer is in your best interests.
As an employee, certain requirements are made of you under Vermont workers compensation laws in order for you to be eligible for these kinds of payments. You must return to work as soon as possible. Should you be unable to resume your former occupation, Vermont workers compensation law requires you to find a more suitable new form of employment as soon as possible. If an insurance company demonstrates you have failed to find a new job, they may be able to deny you further benefits under VT workers compensation laws.
Be aware that Vermont workers compensation laws also give an insurance company the right to deny you benefits if they decide your medical problems can be traced back to a pre-existing condition, rather than resulting from a workplace accident. These are very serious allegations. Not only can they lead to denial of coverage, they may also lead to a court case regarding fraud or another violation of Vermont workers compensation law. In such cases, you will almost certainly need a lawyer’s assistance to effectively defend yourself against charges related to VT workers compensation laws.
Under Vermont workers compensation laws, accepting an offer from an insurance company does not forbid you from filing a lawsuit at a later date. Unless you specifically waive your right to accept a one-time payment as a condition of settlement, you may choose to file a lawsuit alleging unsafe work conditions or other employer negligence led to your accident.
