Key Things To Remember When Filing a Workers’ Compensation Claim in Vermont

Workers who suffer work-related injuries in Vermont are protected by the workers’ compensation system. After suffering a job-related injury, it is crucial for you to remember that workers’ compensation can help you secure the financial help you need when recovering from your injuries. Workers’ compensation provides injured workers with different benefits, including medical benefits, wage replacement benefits, and vocational rehabilitation services. When filing a workers’ compensation claim in Vermont, there are several things that you should keep in mind. The following are some of the key things to remember when filing a workers’ compensation claim in Vermont;

1. Workers Compensation Is a No-Fault System

One of the most vital things to remember when filing a workers’ compensation claim in Vermont is that workers’ compensation is a no-fault system. This means that as an injured worker, you are eligible to recover workers’ compensation benefits regardless of who was at fault for your injury. Even if you are to blame for your injury, you can recover benefits. However, if your injury is self-inflicted intentionally, it may not be compensable under Vermont’s workers’ compensation laws.

2. You Give Up the Right to Sue Your Employer

It is crucial to note that when you choose to file a workers’ compensation claim, you give up your right to sue your employer. With workers’ compensation, there is a trade-off. In exchange for providing timely benefits to injured workers, employers are protected from lawsuits by those workers. You cannot recover workers’ compensation benefits and seek additional compensation from your employer by filing a lawsuit against them even if their negligence contributed to your injury.

3. You Retain the Right to Sue Third Parties

While employees who file workers’ compensation claims give up their right to sue their employers, they retain the right to sue third parties. If a third party other than your employer is to blame for your work-related injury, you can file a claim against the third party. This is a separate claim from your workers’ compensation claim and may result in additional compensation.

4. Retaliation Is Illegal

You may be concerned that filing a workers’ compensation claim will result in your employer firing you. In Vermont, and all other states, it is against the law for an employer to fire an employee for filing a workers’ compensation claim. It is also illegal to take other adverse employment actions such as demoting a worker, cutting their pay, or changing their responsibilities solely because they filed a workers’ compensation claim.

5. Dispute Resolution

During the workers’ compensation claims process, disputes may arise, for example, over the extent of your injury or the amount of benefits. In Vermont, such disputes are resolved through mediation, negotiations, or a formal hearing before the Vermont Department of Labor. Before proceeding to a formal hearing, parties are required to try and resolve disputes through mediation or negotiations.

6. Legal Representation

You are not legally required to have an attorney when filing a Vermont workers’ compensation claim. However, it is advisable that you retain an attorney who specializes in workers’ compensation cases. An attorney can help you understand your rights, navigate the complex legal process, and maximize benefits.

Contact a Vermont Workers’ Compensation Attorney

Our skilled Vermont workers’ compensation attorney at Sluka Law PLC can help you recover the workers’ compensation benefits you deserve.