Who’s Entitled to Workers’ Compensation?

Every employer in Vermont must provide workers’ compensation (sometimes called “workman’s compensation”) for employees who suffer injuries or diseases arising out of and in the course of employment. Most employers do so buying insurance to pay benefits in the event an employee is injured.

What Benefits Do I Get from Workers’ Compensation?

There are four major types of benefits an injured worker gets in Vermont from workers’ compensation, as well as some minor ones. The four main benefits are:

Medical Benefits
Temporary Disability Benefits
Permanent Disability Benefits
Vocational Rehabilitation

Other benefits include mileage reimbursement for trips to medical appointments. If a worker dies because of a work injury, workers’ compensation pays compensation for his or her death.

Can I Sue My Employer If My Injury Occurred Because of My Employer’s Negligence?

If your employer has Workers’ Compensation insurance or is self-insured, the answer to this question is short and simple: no. The Vermont Workers’ Compensation Act takes away a worker’s right to sue his or her employer for negligence so long as the employer insures itself for workplace injuries. In its place, the Act requires the employer to provide each injured worker with the benefits mandated by the Act, and the worker does not have to show that anyone was at fault in causing his or her injury.

If an employer fails to insure itself work workplace injuries, the answer changes. In that case, the employer loses the protection of the Workers’ Compensation Act against lawsuits for negligence. It also loses many of it’s defenses to a negligence claim. The injured worker is then able to choose whether to sue the employer for negligence or seek benefits under the Workers’ Compensation Act.

Can I Get Compensated for Pain and Suffering for My Work Injury?

If your employer has insured itself for workplace injuries, then no. Because workers’ compensation is a worker’s only resource for compensation due to workplace injuries, a worker can only get the benefits provided by the Workers’ Compensation Act. The Act does not provide compensation for pain and suffering.

What If My Case Is Denied?

If your employer or its insurance carrier denies your workers’ compensation claim, you have a right to a hearing before the Vermont Department of Labor. A hearing is like a trial in which witnesses testify and evidence is presented. Unless parties can reach a settlement, any dispute arising in the context of a workers’ compensation claim is first decided by the Department of Labor. Vermont also allows either party the right to appeal for a jury trial if it disagrees with the Department of Labor’s decision.

The Vermont Department of Labor provides good information to both workers and employers about their rights and obligations under the Workers’ Compensation Act.

As with any legal dispute, if your workers’ compensation claim has been denied, you should seek legal representation. Jarvis & Modun offers a free consultation to determine if we can represent you in your claim. Call our experienced Vermont Workers’ Compensation lawyers at (802) 540-1030.