Vermont Workers' Compensation: Fast Facts
Coverage Requirements Under Vermont State Law
Most Vermont employers must provide workers' compensation insurance for all full-time and part-time employees, with some exceptions. We list any automatically exempt employees that do not have workers' comp insurance coverage below.
Work-Related Injury or Illness Reporting Requirements
Report your workplace injury or illness to your employer immediately, preferably in writing. Your employer should then tell you which doctor you can see for medical treatment. Your employer then has 72 hours to report it to the Vermont Department of Labor, which officially starts your claim. You should receive notice within 21 days that your employer's insurer either approved or denied your claim for benefits.
Where to Seek Medical Care
Your employer has the right to direct you to a company doctor for initial medical treatment after your accident. However, you can go to the closest ER if you have a life-threatening injury or illness and need urgent care. After your initial doctor's visit, you can file Form 8 to switch providers and see your own family physician instead.
Waiting Period for Lost-Wage Benefits in Vermont
Your first 3 days off are always unpaid unless you cannot return to work for at least one week. Once you need at least 8 days off to recover, then Vermont workman's comp covers all your missed work shifts. If you go back to work in less than 4 days, then workers' compensation only covers your medical expenses.
Vermont Workers' Compensation Statute of Limitations
You have 6 months from your work injury or illness diagnosis date to apply for Vermont workers' compensation benefits.
Vermont Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage (AWW), subject to Vermont's maximum and minimum benefit amounts. You can also receive $10 per week for each dependent child in your home that you support financially.
How Long You Can Receive Vermont Workers' Comp Benefits
- Medical benefits:unlimited
- Death benefits:up to $10,000 for funeral and burial expenses, plus transportation expenses of $5,000 if the worker passes away out of state; weekly TTD benefits pay up to 77% of the deceased worker's AWW until surviving spouse dies, remarries, or turns 62
- Temporary Total Disability (TTD):until you reach maximum medical improvement
- Permanent Partial Disability (PPD): TTD payments for a period determined by multiplying your percentage of whole-person impairment times 330 weeks
- Temporary Partial Disability (TPD):2/3 of the difference between your pre-injury and post-injury earnings for up to 330 weeks
- Permanent Total Disability (PTD):TTD payments for a minimum of 330 weeks, which you may receive in a lump-sum payment; your benefits may continue if you cannot work at all afterwards
Vermont Workers' Comp Coverage Exemptions
The following employees are automatically exempt from Vermont workers' compensation coverage requirements:
- Amateur sports officials
- Assistant judges
- Casual employees
- Certain agricultural and farm workers
- Domestic workers
- Family members who live with the same relative they work for in the same household
- Federal employees
- Independent contractors working alone on projects
- Sole proprietors or partners in unincorporated businesses
- Some elected officials and volunteers
Vermont Workers' Compensation Attorney Fees
All Vermont workman's comp lawyers work on contingency. This means you only pay legal fees if you win. If you don't win, then you pay your attorney $0. For successful claims, Vermont workers' compensation lawyers cannot charge more than 20% of your final award or $9,000.