Hiring a Workers' Compensation Lawyer in Vermont
The limits on workers' comp lawyer fees in Vermont, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Vermont: fee rules
| Rules on contingency fees | Under Vermont Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of spousal maintenance, support or property settlement (contingent fees are allowed for collecting post-judgment maintenance, property division or child support arrearages if the court approves the fee agreement as reasonable), and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Professional Responsibility Program does not mediate, arbitrate or resolve fee disputes, though it reviews complaints that a fee is unreasonable. The Vermont Bar Association has a Committee for the Arbitration of Fee Complaints; contact the Vermont Bar Association at 802-223-2020 for how to file. The committee will not review a fee dispute while a complaint is pending with Bar Counsel or Disciplinary Counsel. |
Vermont rules to know first
| Deadline to file a claim | A claim for compensation must be made within six months after the injury (or after a death), unless compensation has been paid voluntarily; if a claim is denied after voluntary payments, proceedings must begin within six months of the denial. A late claim is not barred if the employer knew of the accident or was not prejudiced. In any case, proceedings to start a claim may not begin more than three years after the date of injury; occupational disease claims must be made within two years of when the disease is reasonably discoverable and apparent. Source: 21 V.S.A. §§ 656, 660 |
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| Deadline to challenge a denial | If compensation is not agreed, either party may apply to the Commissioner of Labor for a hearing and award; the Commissioner must issue an award within 60 days after the hearing. Within 30 days after copies of the award are sent, either party may appeal to the Superior Court (with a right to a jury trial). If no Superior Court appeal is taken in time, either party may take the case to the Vermont Supreme Court on questions of law certified by the Commissioner. The statutes read set no fixed deadline to request a hearing after a denial. |
| Can you sue your employer? | Generally no. Workers' compensation rights and remedies exclude all other rights and remedies of the employee, personal representatives, dependents or next of kin against the employer, at common law or otherwise. The statute's exceptions are the worker's right to sue an employer that failed to carry required insurance (21 V.S.A. § 618(b)) and claims against third parties under § 624. Source: 21 V.S.A. § 622 |
| Suing someone other than your employer | Yes. Taking workers' comp is not an election of remedies; the injured worker may also sue a third party legally liable for the injury. If the worker does not sue within one year after the injury, the employer or its insurer may sue in the worker's name within the statute of limitations. At least 30 days before suing, the party bringing suit must notify by registered mail the Commissioner of Labor, the worker (or dependents), the employer and the insurer; the worker controls the suit. After expenses, the recovery first reimburses the employer or insurer for benefits paid, and the balance goes to the worker as an advance against future benefits; if the recovery is less than the claim's full value, reimbursement is limited to the portion allocated to damages covered by workers' comp. Source: 21 V.S.A. § 624(a), (e) |
| Filing a claim online | Give your employer notice of a work injury as soon as practicable and file a claim within six months of the injury (proceedings generally must start within three years). Except for first-aid-only injuries, your employer must file a First Report of Injury (Form 1) with its insurance carrier within 72 hours (excluding Sundays and holidays) of learning of an injury that causes a day or more off work or needs medical attention, even if it disputes the claim. If the employer fails or refuses to file, you can file an Employee's Notice of Injury and Claim for Compensation (Form 5) directly with the Commissioner of Labor. |
Find and check a lawyer
| Lawyer referral service | The Vermont Bar Association's Lawyer Referral Service provides referrals at no cost to you; participating attorneys provide up to a 30-minute initial consultation for no more than $25. Call 1-800-639-7036 and give brief information about you and your legal needs, and the service will try to match you with a qualified attorney. People who cannot afford a lawyer will be directed, if possible, to another public service program or human service agency. |
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| Check that the lawyer is licensed | The Vermont Judiciary (which licenses Vermont attorneys under Administrative Order 41) publishes a list of all attorneys in good standing, showing each attorney's renewal year; licenses expire June 30 of the renewal year listed. A Certificate of Good Standing certifies that an attorney is not suspended or disbarred and is current on licensing fees and CLE. Disciplinary history can be requested free from AttyLicensing@vtcourts.gov. |
| Check discipline history or file a complaint | The Vermont Supreme Court's Professional Responsibility Program reviews complaints that an attorney violated the Rules of Professional Conduct. A complaint must be in writing or by email and should state what the attorney did that should not have been done, or failed to do that should have been done, focusing on facts; send copies, not originals. Email JUD.PRPComplaints@vermont.gov or mail Professional Responsibility Program, 32 Cherry Street, Suite 213, Burlington, VT 05401; questions 802-859-3000. A copy goes to the attorney, and Screening Counsel reviews it and may close it, refer it to Disciplinary Counsel for investigation, or refer it to a non-disciplinary assistance panel. On record checks, the Program discloses only whether a lawyer has ever been reprimanded, suspended, disbarred or formally charged; otherwise it will not confirm or deny that a complaint was filed. |
Free legal help
| Free legal aid | Vermont Legal Aid and Legal Services Vermont work together to provide free civil legal help to low-income people who live in Vermont; eligibility depends on income and assets, and they cannot help everyone. Apply or leave a message on the legal helpline at 1-800-889-2047 (Monday 8-1, Tuesday 12:30-7, Wednesday 8-1, Thursday 12:30-7, per the site). The Vermont Judiciary's Access and Resource Center offers free statewide help (not legal advice). LSC lists Legal Services Vermont as its Vermont grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Vermont · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.