Workers’ Compensation – If You’re Injured at Work

If a work injury happens to you, Workers’ Compensation benefits are usually available to help. Two tips to protect your right to benefits:

1.    Report Your Injury.

Whenever you are hurt at work, report it to your employer as soon as possible. Even if you believe it’s not going to be a serious or lasting injury, report it! You may lose your right to Workers’ Compensation if you fail to report your injury within 6 months. This rule has many exceptions, but, to avoid problems, always report your injury in writing, and keep a copy for your records.

2.    Know the 5 Types of Workers’ Compensation Benefits Available in Vermont.

There are five different kinds of Workers’ Compensation benefits available here in Vermont:

1. Medical Benefits.

Workers’ Compensation insurance pays for all “reasonable and necessary” medical treatment required for your work injury. You are also entitled to $.655 per mile (2023) for travel to and from treatment. Your right to receive medical benefits generally lasts for your whole life.

2. Wage Replacement Benefits.

If you are medically disabled from work because of a work injury, weekly cash “wage replacement benefits” are usually available. You must obtain an “Out of Work” note from your doctor to qualify.

3. Permanent Partial Disability and Permanent Total Disability Benefits.

“Permanent Partial Disability” is a cash benefit to compensate you for any permanent physical or mental impairment, or harmful change to your body caused by your work injury. When your medical treatment is ending, and no further significant improvements in your condition are expected by your Doctor, ask yourself and your Doctor: “Did this injury cause any permanent impairment?” Impairment must be measured under the Guides to the Evaluation of Permanent Impairment, a book doctors use to measure impairment. “Permanent Total Disability” is available for catastrophic injuries which prevent you from performing gainful employment. Since many doctors don’t know much about Workers’ Compensation law, you might consider discussing permanent impairment or permanent total disability benefits with a lawyer.

4. Vocational Rehabilitation Benefits. If your injury prevents you from returning to your job, you may be entitled to vocational rehabilitation benefits to help you find a job, or be trained for a new job that pays as close as possible to the wage you were earning before your injury.  

5. Death Benefits. Spouses and dependent children of workers who are killed as a result of a work injury are entitled to death benefits.

Remember, no matter how minor the incident or injury, reporting it in writing to your employer is the first and most important step. Consult with an experienced attorney to steer you in the right direction and help you determine a clear path forward with your Workers’ Compensation claim.

Darby, Kolter & Roberts, LLP has decades of experience in Workers’ Compensation and offers a free consultation to discuss your potential case.