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Vermont Workers' Compensation Laws

Vermont just might be the sweetest state -- home to Ben & Jerry's ice cream, maple syrup, and Diane Keaton's applesauce. While workers here might have the sweetest gig in America, if you are injured on the job, you may need to take some time away from work. Fortunately, Vermont workers' compensation laws require your employer to provide you with insurance benefits for the coverage of work-related injuries or illnesses.

The table and accompanying explanations below cover important aspects of Vermont workers' comp laws.

Statute Section

21 V.S.A. Ch. 9 § 601, et seq.

Filing Time Limits

21 V.S.A. Ch. 9 § 656

  • Notify your employer: immediately
  • 6 months to file a claim

Benefits Time Limits

21 V.S.A. Ch. 9 § 642

  • Waiting Period: 3 days
  • Retroactive after: 10 days

Mental Injury Coverage

  • Some

Choice of Doctor

Coverage

Most employers in Oklahoma are required to carry workers' compensation insurance to protect their employees. Some employees are exempt from this rule, including domestic and agricultural workers. Coverage for mental injury is broader than in many states, but still quite limited.

Both mental injuries which stem from physical injuries ("mental-physical") and mental injuries which stem only from mental stimuli ("mental-mental") are compensable, but the standard of proof for mental-mental injuries is quite high. Mental injuries stemming from bona fide personnel actions, such as chronic anxiety disorder after a demotion, are not covered.

Benefits

Oklahoma offers wage replacement, medical care, and vocational rehabilitation benefits. Your wage replacement benefit award amount will be dependent upon the extent and duration of your disability, while your employer may initially choose a medical provider to treat you. After the initial treatment, you may change doctors once you give notice to your employer of both the reasons for your dissatisfaction with the initial health care provider and the name and address of the physician you are choosing.

If your disability leaves you unable to return to your prior occupation, vocational rehabilitation benefits help train you for a new occupation. If your loved one died due to an injury at work or an occupational disease, you may be entitled to death benefits.

Dispute Resolution

There are many possible reasons your claim could be denied. Some of the possible reasons could be that your employer or its insurer may contest the compensability of the claim, the amount of compensation you are due, the type or extent of your disability, or the reasonableness or necessity of medical treatment.

If your claim is denied, you may complete a Notice and Application for Hearing. The dispute resolution process begins with an informal hearing, but the matter may be referred to a formal hearing if that doesn’t resolve the dispute. You or your attorney will have the opportunity to present evidence supporting your position -- including witness testimony, medical records – at a formal hearing. Alternatively, you may wish to resolve your dispute through mediation.

Get a Free Claim Review from a Vermont Attorney

Workplace injuries can cause financial hardship for both you and your employer -- but your employer is required under Vermont law to carry workers' comp insurance to protect you both. But no-fault insurance can be confusing. If you were injured at work and need skilled legal assistance filing a workers' comp claim, get a free claim review from an attorney experienced with workers' comp claims in Vermont.

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