Who Can Get Workers’ Compensation?

Every employer in Vermont is required to provide workers’ compensation (sometimes referred to as “workman’s compensation”) for employees who suffer injuries or illnesses arising out of and in the course of their employment. Most employers fulfill this obligation by purchasing insurance that covers benefits in the event an employee is injured.

What Compensation Do I Get?

In Vermont, injured workers are entitled to several types of benefits through the workers’ compensation system. The four major benefits are:

1. Medical Benefits

2. Temporary Disability Benefits

3. Permanent Disability Benefits

4. Vocational Rehabilitation

Additional benefits include mileage reimbursement for travel to medical appointments. If a worker dies as a result of a work-related injury, workers’ compensation also provides death benefits to eligible dependents.

Can I Sue My Employer for Negligence?

This is a common question, and the answer is usually “No.” If your employer has workers’ compensation insurance or is self-insured, you generally cannot sue your employer for negligence. The Vermont Workers’ Compensation Act removes an employee’s right to file a negligence lawsuit against an employer who provides proper coverage for workplace injuries. In exchange, the Act guarantees that injured workers receive specific benefits—without needing to prove that anyone was at fault.

However, if an employer fails to insure against workplace injuries, the situation changes. In that case, the employer loses the legal protection provided by the Act and many of the typical defenses available in a negligence lawsuit. The injured worker may then choose to either 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 against workplace injuries, then the answer is no—you cannot recover compensation for pain and suffering. Workers’ compensation is an injured worker’s exclusive remedy for workplace injuries, meaning you are limited to the benefits provided under the Vermont Workers’ Compensation Act. These benefits do not include 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 the right to a hearing before the Vermont Department of Labor. A hearing functions like a trial, where witnesses testify and evidence is presented. Unless the parties reach a settlement, any dispute related to a workers’ compensation claim is initially decided by the Department of Labor. Either party may appeal the Department’s decision, and Vermont law allows for a jury trial on appeal.

The Vermont Department of Labor offers helpful information to both workers and employers about their rights and responsibilities under the Workers’ Compensation Act.

As with any legal dispute, if your claim has been denied, it's important to seek legal representation. At Jarvis & Modun, we offer a free consultation to determine whether we can assist you. Call our experienced Vermont workers’ compensation attorneys at (802) 540-1030.