Vermont Workers' Compensation
Vermont workers' compensation was established by the Vermont legislature in 1915. In its current form it provides workers who are injured on the job medical benefits, lost wage compensation, and death benefits to the surviving beneficiaries of a deceased worker who dies from their work injuries.
Vermont workers' compensation or workman's comp has eliminated the right of workers, in most work injury cases, to file a personal injury claim against their employer. Work comp instead, requires the employer to provide no-fault insurance to the employee. Workers' compensation can benefit both the employee, who receives immediate benefits, and the employer, who avoids a lengthy court battle.
Workers compensation in Vermont is offered to over 350,000 workers and is administered by the Vermont Department of Labor.
Hiring a Vermont Workers' Compensation Lawyer
Vermont workers who are injured at work have the option to file a workers' compensation claim on their own or seek legal work comp assistance from a Vermont Workers' compensation attorney. Some Vermont workman's comp claims can be completed easily, without legal help, while employees who have a more complicated claim or one which involves a serious or permanent work injury may need to contact a Vermont employment lawyer.
Vermont employers or the insurance companies will have worker comp attorneys working for them and may be less interested in ensuring you get the compensation you deserve and more concerned with closing your Vermont workman's claim as soon as possible.
Need legal help getting benefits for your Vermont workers compensation case? Simply complete our free form below to get started today!
Vermont Work Injuries Covered Under Workers' Compensation
Most common Vermont workplace injuries are covered by work comp insurance if they occurred while the employer was performing their normal job functions and they were at work. Work injuries in Vermont which were caused by an employee's intoxication, blatant disregard of safety procedures, intentional actions meant to injure or while the employee was travelling to or from work may not be covered by Vermont workman's compensation.
Vermont Workers' Compensation Benefits
Vermont workman's compensation can include a variety of benefits which are given to the injured worker including: medical benefits, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), vocational rehabilitation and death benefits to surviving dependents.
Medical Benefits - Medical benefits should be provided to the injured employee at no cost. Medical services can include everything that is deemed reasonable and necessary to help the injured employee recover including: paid doctor's visits, nursing services, hospitalizations, medical supplies, laboratory services, and paid medications. The Vermont employee also has the right to choose their own treating physician.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to Vermont employees who have been injured at work and are unable to temporarily return to work. TTD benefits are paid to the injured employee if they miss more than 3 full calendar days of work or if they are restricted to part-time employment for more than seven calendar days.
The workers compensation will be approximately 2/3 of their average weekly wage and an additional $10.00 supplement for each additional child.
Temporary Partial Disability Benefits (TPD) - Temporary partial disability benefits (TPD) are paid to injured workers who are able to return to work but who, due to their work injury, are limited to reduced or part-time work and unable to make the same pay they could make prior to their Vermont work injury.
TPD benefits are generally paid at 2/3 of the worker's average weekly wages which were earned over the 12 or 26 weeks prior to their Vermont workplace injury.
Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits (PPD) may be paid to workers who have been injured at work and who may be able to return to work but who have permanent partial disabilities. The degree of the worker's permanent injury is determined by a physician and expressed as a percentage figure for a particular part of the worker's body, according to standards outlined in the American Medical Association Guides to the Rating of Permanent Impairment, Fifth Edition, known as the "AMA Guides".
PPD payments will be paid according to the percentage of the disability which will entitle the Vermont worker to a certain number of weeks of Vermont workman's compensation benefits. Under some conditions, the Vermont PPD benefits may be paid in a lump sum payment.
Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are paid to workers who have been injured on the job and are unable to perform gainful employment due to their residual work injuries.
According to Vermont Workers' Compensation Law Section 645(a) of the Act the amount payable for PTD indemnity is specified as follows "the employer shall pay to the injured employee sixty-six and two-thirds percent of the employee's average weekly wages, computed as provided in section 650 of this title and subject to the maximum and minimum weekly compensation rates, for the duration of the employee's permanent total disability, but in no event shall the employee receive benefits for less than three hundred and thirty weeks".
Vocational Rehabilitation - Vocational rehabilitation training can provide valuable guidance and training to injured employees who are unable to return to their previous job due to residual impairments. The goal of vocational rehabilitation is to help the worker find suitable work given their current physical or mental limitations.
Vermont vocational rehabilitation benefits are not provided to all injured Vermont workers. Vocational rehabilitation may be offered to the employee if they have been disabled and unable to work for 90 days or more or they have been identified as not able to return to suitable work.
Vocational rehabilitation can vary by state, but in Vermont it begins with a review by a vocational rehabilitation counselor who meets with the worker and evaluates their work history and medical status. Next the vocational rehabilitation counselor helps the employee establish a vocational plan which is basically a series of steps that can help the employee return to work including: job evaluation, job modification, educational requirements, and job options.
Death Benefits - Death benefits may be paid to the surviving spouse and dependent children of a Vermont worker who has died from their work injury or occupational illness. Death benefits may be paid until the spouse reaches 62 years of age, is eligible for Social Security benefits or remarries.
Burial expenses may also be paid up to $5,500 and expenses for out of state travel of the decedent to the place of burial can be paid up to $1,000.