How Late Injury Reporting Can Affect Your Vermont Workers’ Compensation Claim
The Vermont workers’ compensation system is designed to provide medical care and financial support to employees who suffer injuries on the job, and the best part is that, like in many other states, Vermont’s workers’ compensation system is a no-fault one, which means employees are not required to prove employer negligence to recover benefits. Also, even if an employee did something that contributed to their injury, they may still be eligible to recover workers’ compensation benefits. However, promptly reporting a work injury is crucial for ensuring a successful workers’ compensation claim. Failing to report a work injury promptly can jeopardize your workers’ compensation claim. This article discusses how late injury reporting can affect your Vermont workers’ compensation claim.
Timelines for Reporting a Work Injury in Vermont
After suffering a work-related injury in Vermont, the first step should be notifying your employer. Under Vermont law, employees are required to notify their employer of a work-related injury immediately. This deadline applies to sudden accidents or incidents. In cases where an injury occurs over a period of time and not in a one-time sudden accident or incident, the employee must notify their employer as soon as they are aware of the injury. After you report your work injury to your employer, your employer has 72 hours to report to the Department of Labor.
Consequences of Late Injury Reporting
Failing to report your work injury on time can seriously affect your workers’ compensation claim. First, reporting a work injury on time helps with the collection and preservation of evidence. When you report your injury on time, it allows for an immediate investigation by your employer. It can allow your employer to gather evidence, such as pictures of the accident or incident scene, witness statements, and surveillance footage. On the other hand, late injury reporting can result in lost or altered evidence, making it hard to establish the circumstances surrounding your injury.
Second, late injury reporting can lead to your workers’ compensation claim being invalidated or denied. Your employer’s workers’ compensation insurer may view your late reporting as meaning that your injury did not occur at work. The insurance company may argue that your injury happened outside the workplace or resulted from a pre-existing condition. If there is a significant gap between the time of your injury and the reporting, meaning there are gaps in medical documentation, it may be challenging to prove that your injury occurred at work.
Finally, in some cases, late injury reporting may not result in an invalidation or denial of your claim, but it may lead to reduced benefits. If your employer’s workers’ compensation insurer is skeptical of your claim, they may offer partial compensation. Another possibility is that your employer’s workers’ compensation insurer may dispute the seriousness of your injury, which can affect the amount of benefits you receive.
Reporting a work injury on time helps establish a clear connection between the injury and the workplace accident or incident by ensuring accurate medical documentation and preservation of evidence. To ensure fair compensation, report your work injury to your employer on time.
Contact a Vermont Workers’ Compensation Attorney
If you’ve suffered a work injury, contact our qualified and dedicated Vermont workers’ compensation attorney at Sluka Law PLC to get help with your workers’ compensation claim.
Source:
labor.vermont.gov/workers%E2%80%99-compensation/injured-workers/claims-filing#:~:text=When%20you’re%20injured%20at,re%20aware%20of%20the%20injury.
