Question 1

Which employers must have workers' comp in Vermont?

Accepted Answer

Vermont's workers' compensation law covers public employment and all private employment in any trade or occupation, including nonprofits, partnerships and proprietorships. Excluded are: casual workers not employed for the employer's business; amateur athletes; agricultural or farm workers of an employer with a total payroll under $10,000 in a calendar year (unless the employer opts in); family members living in the employer's home (unless included in the insurance payroll); people working in or around a private home (unless the employer opts in); and qualifying sole proprietors and partners of unincorporated businesses.

Question 2

How long do you have to report a work injury in Vermont?

Accepted Answer

Notice of the injury must be given to the employer as soon as practicable after it happens. The Department of Labor tells workers to notify the employer immediately (or, for an injury that develops over time, as soon as they are aware of it). A late or missing notice does not bar the claim if the employer knew of the accident or was not prejudiced by the delay.

Question 3

What is the deadline to file a workers' comp claim in Vermont?

Accepted Answer

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.

Question 4

Is there a waiting period for workers' comp in Vermont?

Accepted Answer

Temporary total disability is not paid for the first three days of disability (the day of the accident counts as the first day unless the worker received full wages for it). If total disability continues after the third day for seven consecutive calendar days or more, compensation is paid for the whole period of disability.

Question 5

How much does workers' comp pay in Vermont?

Accepted Answer

Temporary total disability is two-thirds of the worker's average weekly wage (generally based on the 26 weeks before the injury), within the state maximum and minimum, plus $20 per week for each dependent child under 21 (scheduled to change to $10 on July 1, 2028). Total weekly wage-replacement benefits, including the child amounts, may not exceed 90% of the worker's average weekly wage before any cost-of-living adjustment. Benefits are adjusted each July 1 after 26 weeks of payments. Temporary partial disability is two-thirds of the difference between full and part-time pay.

Question 6

What is the maximum workers' comp benefit in Vermont?

Accepted Answer

By statute, the maximum weekly compensation is 150% of the state "average compensation" and the minimum is 50%, each rounded up to the next dollar; the Commissioner announces new rates each July 1. A worker whose average weekly wage is below the minimum receives special treatment set out in the statute.

Question 7

Can you choose your own doctor for workers' comp in Vermont?

Accepted Answer

The employer may designate the health care provider for the worker's first treatment immediately after the injury. After that, the worker may select another provider by giving the employer written notice of the reasons for dissatisfaction and the new provider's name and address (the Department uses a Form 8, Change of Health Care Provider). If the notice is not given, the Commissioner may allow the employer to refuse payment to the new provider unless the failure was due to excusable neglect or inadvertence. Employers may not withhold wages for time missed for treatment of a work injury.

Question 8

How does permanent disability work under workers' comp in Vermont?

Accepted Answer

If a work injury leaves a permanent partial impairment, after temporary total disability ends the worker receives 66⅔% of the average weekly wage (within the maximum and minimum) for a number of weeks equal to the whole-person impairment percentage multiplied by 330 weeks. Impairment is rated under the Fifth Edition of the AMA Guides unless the Commissioner adopts a later edition by rule. Benefits are paid periodically unless a lump sum is approved.

Question 9

What workers' comp death benefits are available in Vermont?

Accepted Answer

If a work injury causes death, the employer pays actual burial and funeral expenses up to $10,000, plus up to $5,000 for out-of-state transportation to the place of burial. Weekly compensation is paid to dependents as a percentage of the worker's average weekly wage: 66⅔% to a spouse with no dependent children, 71⅔% with one child, and 76⅔% with two or more; to the children if there is no spouse; and smaller percentages to dependent parents, for the periods set by statute.

Question 10

How do you file a workers' comp claim in Vermont?

Accepted Answer

Tell your employer about the injury immediately and get medical care. The employer must report the injury to the Department of Labor within 72 hours if it results in medical care or time off work, and should give you a copy. If your employer does not report it, call the Department at (802) 828-2286 and request a Form 5, Employee's Notice of Injury and Claim for Compensation. The insurer has 21 days from the employer's notice to investigate and decide whether the injury is covered.

Question 11

How do you appeal a denied workers' comp claim in Vermont?

Accepted Answer

Disputes start when a party files a Form 6, Notice and Application for Hearing, with the Department; a Department specialist holds an informal conference and can decide whether the insurer must pay. Matters unlikely to be resolved informally are referred to the formal hearing docket, where testimony is taken under oath. Within 30 days after copies of an award are sent, either party may appeal to Superior Court (with the right to a jury trial), or a party may instead take questions of law to the Vermont Supreme Court.

Question 12

Can you be fired for filing workers' comp in Vermont?

Accepted Answer

No one may fire or discriminate against an employee because the employee asserted or tried to assert a workers' compensation claim, and an employer may not refuse to hire an applicant because they made such a claim. Employers also may not retaliate against people who report or cooperate in investigations of violations. The Attorney General or a State's Attorney may enforce these protections, and the anti-retaliation and penalty provisions of Vermont's Fair Employment Practices Act apply.

Question 13

How long can you receive workers' comp in Vermont?

Accepted Answer

Temporary total disability benefits are paid during the disability; the statute sets no maximum number of weeks. Before stopping temporary benefits (unless the worker has successfully returned to work), the employer must file a notice with the Commissioner and the employee giving the date and reasons, and remains liable for seven days after the notice is received; the worker can object, and if the evidence does not reasonably support the discontinuance, payments continue until a hearing decision. Permanent total disability benefits are paid for the duration of the permanent total disability, and never for less than 330 weeks.

Question 14

How do workers' comp settlements work in Vermont?

Accepted Answer

Agreements about compensation must be filed with the Commissioner of Labor in a memorandum and are approved only if they conform to the workers' compensation law. The Commissioner may approve a compromise agreement if it is in the best interests of the employee or dependents, and a compromise settlement made while an appeal is pending takes effect only with the Commissioner's approval. On the employee's application, the Commissioner may order permanent disability benefits paid in a lump sum if that is in the best interests of the employee or dependents.

Question 15

How do I file or check a workers' comp claim online in Vermont?

Accepted Answer

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.

Question 16

Can you sue your employer for a work injury in Vermont?

Accepted Answer

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.

Question 17

Can you sue a third party for a work injury in Vermont?

Accepted Answer

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.

Question 18

What if my employer doesn't have workers' comp insurance in Vermont?

Accepted Answer

A worker injured while working for an employer that failed to carry required workers' comp insurance may choose to claim workers' comp or sue the employer for full damages. In the lawsuit the employer must prove the injury did not result from its negligence, and it may not defend on the grounds of a co-worker's negligence, the worker's assumption of risk, or (unless the worker's negligence was willful and intended to cause injury) the worker's comparative negligence; the suit must be filed within three years. The Commissioner can fine an uninsured employer up to $100 a day for the first seven days and $150 a day after that, issue a stop-work order, and add penalties of up to $250 a day and $250 per employee per day.

Question 19

How long do you have to appeal a denied workers' comp claim in Vermont?

Accepted Answer

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.

Which employers must carry it	Vermont's workers' compensation law covers public employment and all private employment in any trade or occupation, including nonprofits, partnerships and proprietorships. Excluded are: casual workers not employed for the employer's business; amateur athletes; agricultural or farm workers of an employer with a total payroll under $10,000 in a calendar year (unless the employer opts in); family members living in the employer's home (unless included in the insurance payroll); people working in or around a private home (unless the employer opts in); and qualifying sole proprietors and partners of unincorporated businesses. Source: 21 V.S.A. § 601(4), (14)
Deadline to report the injury	Notice of the injury must be given to the employer as soon as practicable after it happens. The Department of Labor tells workers to notify the employer immediately (or, for an injury that develops over time, as soon as they are aware of it). A late or missing notice does not bar the claim if the employer knew of the accident or was not prejudiced by the delay. Source: 21 V.S.A. §§ 656, 660; Vermont Department of Labor, Claims Filing
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
Waiting period	Temporary total disability is not paid for the first three days of disability (the day of the accident counts as the first day unless the worker received full wages for it). If total disability continues after the third day for seven consecutive calendar days or more, compensation is paid for the whole period of disability. Source: 21 V.S.A. § 642

Weekly benefit rate	Temporary total disability is two-thirds of the worker's average weekly wage (generally based on the 26 weeks before the injury), within the state maximum and minimum, plus $20 per week for each dependent child under 21 (scheduled to change to $10 on July 1, 2028). Total weekly wage-replacement benefits, including the child amounts, may not exceed 90% of the worker's average weekly wage before any cost-of-living adjustment. Benefits are adjusted each July 1 after 26 weeks of payments. Temporary partial disability is two-thirds of the difference between full and part-time pay. Source: 21 V.S.A. §§ 642, 650; Vermont Department of Labor, Claims Filing
Maximum weekly benefit	By statute, the maximum weekly compensation is 150% of the state "average compensation" and the minimum is 50%, each rounded up to the next dollar; the Commissioner announces new rates each July 1. A worker whose average weekly wage is below the minimum receives special treatment set out in the statute. The Department's historical rate table for July 1, 2025 to June 30, 2026 lists $1,224.00, $1,836.00 and $612.00 under column headings that do not line up in the published file; the July 1, 2026 figures were not found. Table: https://labor.vermont.gov/sites/labor/files/documents/historicalrates.pdf Source: 21 V.S.A. § 601(18), (19)
How long benefits last	Temporary total disability benefits are paid during the disability; the statute sets no maximum number of weeks. Before stopping temporary benefits (unless the worker has successfully returned to work), the employer must file a notice with the Commissioner and the employee giving the date and reasons, and remains liable for seven days after the notice is received; the worker can object, and if the evidence does not reasonably support the discontinuance, payments continue until a hearing decision. Permanent total disability benefits are paid for the duration of the permanent total disability, and never for less than 330 weeks. Discontinuance notice rules: https://legislature.vermont.gov/statutes/section/21/009/00643a. Permanent total disability duration: https://legislature.vermont.gov/statutes/section/21/009/00645. Source: 21 V.S.A. §§ 642, 643a, 645
Permanent disability	If a work injury leaves a permanent partial impairment, after temporary total disability ends the worker receives 66⅔% of the average weekly wage (within the maximum and minimum) for a number of weeks equal to the whole-person impairment percentage multiplied by 330 weeks. Impairment is rated under the Fifth Edition of the AMA Guides unless the Commissioner adopts a later edition by rule. Benefits are paid periodically unless a lump sum is approved. Source: 21 V.S.A. § 648; Vermont Department of Labor, Claims Filing
Death benefits	If a work injury causes death, the employer pays actual burial and funeral expenses up to $10,000, plus up to $5,000 for out-of-state transportation to the place of burial. Weekly compensation is paid to dependents as a percentage of the worker's average weekly wage: 66⅔% to a spouse with no dependent children, 71⅔% with one child, and 76⅔% with two or more; to the children if there is no spouse; and smaller percentages to dependent parents, for the periods set by statute. Source: 21 V.S.A. § 632

Choosing a doctor	The employer may designate the health care provider for the worker's first treatment immediately after the injury. After that, the worker may select another provider by giving the employer written notice of the reasons for dissatisfaction and the new provider's name and address (the Department uses a Form 8, Change of Health Care Provider). If the notice is not given, the Commissioner may allow the employer to refuse payment to the new provider unless the failure was due to excusable neglect or inadvertence. Employers may not withhold wages for time missed for treatment of a work injury. Source: 21 V.S.A. § 640(b), (c); Vermont Department of Labor, Claims Filing
How to file	Tell your employer about the injury immediately and get medical care. The employer must report the injury to the Department of Labor within 72 hours if it results in medical care or time off work, and should give you a copy. If your employer does not report it, call the Department at (802) 828-2286 and request a Form 5, Employee's Notice of Injury and Claim for Compensation. The insurer has 21 days from the employer's notice to investigate and decide whether the injury is covered. Source: Vermont Department of Labor, Claims Filing
Settlements	Agreements about compensation must be filed with the Commissioner of Labor in a memorandum and are approved only if they conform to the workers' compensation law. The Commissioner may approve a compromise agreement if it is in the best interests of the employee or dependents, and a compromise settlement made while an appeal is pending takes effect only with the Commissioner's approval. On the employee's application, the Commissioner may order permanent disability benefits paid in a lump sum if that is in the best interests of the employee or dependents. Lump-sum provisions: https://legislature.vermont.gov/statutes/section/21/009/00652. Lump-sum orders and settlements of disputed claims are generally prorated using the Social Security Administration's method unless the claimant requests otherwise. Source: 21 V.S.A. §§ 662, 652
Appealing a denial	Disputes start when a party files a Form 6, Notice and Application for Hearing, with the Department; a Department specialist holds an informal conference and can decide whether the insurer must pay. Matters unlikely to be resolved informally are referred to the formal hearing docket, where testimony is taken under oath. Within 30 days after copies of an award are sent, either party may appeal to Superior Court (with the right to a jury trial), or a party may instead take questions of law to the Vermont Supreme Court. Source: 21 V.S.A. §§ 670, 672; Vermont Department of Labor, Claims Filing
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. Source: 21 V.S.A. §§ 663(a), 664, 670, 672
Retaliation for filing	No one may fire or discriminate against an employee because the employee asserted or tried to assert a workers' compensation claim, and an employer may not refuse to hire an applicant because they made such a claim. Employers also may not retaliate against people who report or cooperate in investigations of violations. The Attorney General or a State's Attorney may enforce these protections, and the anti-retaliation and penalty provisions of Vermont's Fair Employment Practices Act apply. Source: 21 V.S.A. § 710
Filing or checking 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. Source: Vermont Workers' Compensation and Occupational Disease Rules 3.1100, 3.1500-3.1900

Suing 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)
If your employer has no workers' comp	A worker injured while working for an employer that failed to carry required workers' comp insurance may choose to claim workers' comp or sue the employer for full damages. In the lawsuit the employer must prove the injury did not result from its negligence, and it may not defend on the grounds of a co-worker's negligence, the worker's assumption of risk, or (unless the worker's negligence was willful and intended to cause injury) the worker's comparative negligence; the suit must be filed within three years. The Commissioner can fine an uninsured employer up to $100 a day for the first seven days and $150 a day after that, issue a stop-work order, and add penalties of up to $250 a day and $250 per employee per day. No Vermont uninsured employers' benefit fund was found in 21 V.S.A. chapter 9 as read; none is described. Source: 21 V.S.A. §§ 618(b), (c), 692(a), (b)

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