Construction Site Injuries in Vermont
Whether an injured construction worker in Vermont can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Vermont's workers' compensation law makes workers' comp the employee's exclusive remedy against the employer for a covered work injury, except when the employer failed to carry required insurance. 21 V.S.A. §§ 622, 624(a)
| Construction site injuries | Vermont's workers' compensation law makes workers' comp the employee's exclusive remedy against the employer for a covered work injury, except when the employer failed to carry required insurance. The worker may also sue a third party (someone other than the employer) who is legally liable for the injury, such as another contractor or an equipment maker, while receiving workers' comp. Source: 21 V.S.A. §§ 622, 624(a) |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the total negligence of the defendants; damages are reduced in proportion to the injured person's negligence. Each defendant pays its proportionate share. Comparative negligence may not be used as a defense to limit recovery for negligence claims relating to a sexual act or sexual conduct. Source: 12 V.S.A. § 1036 |
| Deadline to sue for an injury | Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. Assault and battery, false imprisonment, and slander and libel also have a three-year deadline. Source: 12 V.S.A. § 512(1)–(4) |
More Vermont personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Vermont
- Wrongful Death Lawsuits in Vermont
- Medical Malpractice Rules in Vermont
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- Pedestrian Accident Claims in Vermont
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- Uber and Lyft Accident Claims in Vermont
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- All Vermont personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Vermont?
Vermont's workers' compensation law makes workers' comp the employee's exclusive remedy against the employer for a covered work injury, except when the employer failed to carry required insurance. The worker may also sue a third party (someone other than the employer) who is legally liable for the injury, such as another contractor or an equipment maker, while receiving workers' comp.
Can you recover damages if you were partly at fault in Vermont?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the total negligence of the defendants; damages are reduced in proportion to the injured person's negligence. Each defendant pays its proportionate share. Comparative negligence may not be used as a defense to limit recovery for negligence claims relating to a sexual act or sexual conduct.
What is the statute of limitations for personal injury in Vermont?
Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. Assault and battery, false imprisonment, and slander and libel also have a three-year deadline.
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.