Important: We updated this article in February 2025 after reviewing the Vermont workers’ compensation system and state laws. If you’re not a federal employee, then Vermont state law defines how and when you are eligible for workers’ comp benefits. If you have a work-related injury in the Green Mountain State, we’ll explain how to apply, qualify, pay amounts, and more helpful info below.
Getting Vermont Workers’ Comp Benefits: Key Takeaways
- At just 6 months, Vermont has one of the shortest deadlines to file your workers’ comp claim after a work injury or work-related illness.
- Vermont business owners have the right to direct medical care for eligible injured employees, in most cases. That means you must pay out of your own pocket if you see your own doctor before notifying your employer.
- After the required waiting period ends, you may qualify for up to two-thirds of your average weekly wage (AWW) in wage-loss benefits. You’ll also get an extra $10 per week for every dependent child living in your home.
- No one can get workers’ compensation payments in VT for more than 330 weeks. If you still can’t work after that, consider applying for disability benefits from the Social Security Administration.
Do I Have Vermont Workers’ Compensation Insurance Coverage?
All Vermont employers must carry workers’ compensation insurance, but state law exempts some employees from automatic coverage. Vermont law automatically excludes coverage for these specific employees unless you choose to self-insure:
- Officials at amateur sporting events
- Assistant judges
- Seasonal (casual) workers
- Domestic servants
- Federal employees
- Independent contractors who work on projects by themselves with no other subcontractors
- Sole proprietors
- Corporate officers
- Volunteers and some elected local, regional, or state officials
Pro Tip: Search for your employer by name online here to confirm they have Vermont workers’ comp insurance coverage.
How Do I File a Workers’ Compensation Claim?
Important: Seek treatment immediately if you need urgent care for a life-threatening injury or illness.
If your employer has Vermont workers’ compensation insurance, these are the usual steps to apply for those benefits:
1. Notify your employer right away, and before you seek medical attention (unless your life is in danger).
If you see a doctor before telling your employer, the insurance carrier may deny your claim. In other words, you may be stuck paying the bill for that visit yourself.
Don’t like the doctor you saw at your first visit and want to seek treatment from a different physician? Then fill out Form 8, Change of Health Care Provider and submit it to your employer’s insurance carrier.
2. Your employer must then has 72 hours to notify the Vermont Department of Labor about your injury accident.
They most also file Form 5, Employee’s Notice of Injury and Claim for Compensation with their insurance carrier. Be sure to ask for a copy of this first report form to keep with your records.
3. The insurance company for your employer then has 21 days to investigate your Vermont workers’ compensation claim.
You must complete Form 7, Medical Authorization to give the insurance company access to your medical records. The claims adjuster will also contact you to learn more about the job accident that injured you.
4. Approved claim? You still must miss more than 3 days of work before you qualify for wage replacement benefits.
If your workers’ comp doctor says you can go back to work right away, then you’re only eligible for medical benefits. But once you miss 4 work shifts in a row due to your work injury, then you become eligible for indemnity benefits. These help cover part of your lost wages until you return back to work full time again.
5. Denied benefits? You can request an appeals hearing to dispute the decision on your claim.
To appeal your claim denial, fill out Form 6, Notice and Application for Hearing. Then, mail it to the Vermont Department of Labor.
What Benefits Are Available to Injured Workers in Vermont?
Approved Vermont workers’ comp claims cover necessary medical benefits from your injury, as well as any related expenses. This includes doctor bills, prescriptions, physical therapy, and other expenses that arise from your medical appointments. You also get reimbursement for travel, meals, and lodging required to receive medical treatment.
If you must miss more than 4 work shifts, then you become eligible for indemnity benefits to cover some lost wages. These temporary disability benefits depend on the extent and length of your injury and how long you cannot work:
- Temporary Partial Disability pays 2/3 of the difference between your pre-injury and post-injury salary while you’re limited to part-time or light duty work.
- Temporary Total Disability pays 66 2/3% of your average weekly wage (AWW) until you can return to work. You can receive these weekly benefit payments for no more than 330 weeks.
- Permanent Partial Disability pays a set amount based on your injury or permanent impairment percentage, usually in a lump-sum payment.
- Permanent Total Disability pays benefits for up to 330 weeks if you cannot return to gainful employment after reaching Maximum Medical Improvement.
Death Benefits are also available to eligible surviving family members of employees killed on the job. This includes up to $10,000 for funeral and burial costs, plus additional benefits for dependent survivors.
Get more details on what workers’ compensation benefits cover.
Recent Vermont Workers’ Comp Statistics
The Bureau of Labor Statistics (BLS) issues reports covering workers’ comp data on most U.S. states and territories. Here are the latest 5 years of claim report trends data mapped out in one handy chart:
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You can see a 25% drop in total claims filed from 2019-2020, marking the start of the Covid-19 pandemic. However, in the four years since, claims across all categories returned close to normal levels again. As expected, only about half of all claims filed in any given year qualify for wage-loss benefits. That means half the people filing claims have a minor work-related injury or illness and don’t need time off work to recover.
How to Talk to an Attorney About Your Claim for Free
The Vermont workers’ compensation system often denies claims from injured workers with pre-existing conditions. If you aren’t sure whether your employer owes you benefits, sign up for a free attorney consultation below.
Workers’ comp lawyers charge $0 for helping you unless they help you win benefits. If your case wins, then you only owe one small legal fee afterwards.
Ready to see if you may qualify? Click the button below to start your free online case evaluation now:
Get Your Free Benefits Evaluation
Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.
