Appealing a Denied Workers' Comp Claim in Vermont
The deadline to challenge a denied workers' comp claim in Vermont, where to file, and the steps from hearing to appeal.
Short 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. 21 V.S.A. §§ 663(a), 664, 670, 672
| 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. |
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| 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. |
| 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 |
Where to get help in Vermont
More Vermont workers' compensation
- Filing a Workers' Comp Claim in Vermont
- How Much Workers' Comp Pays in Vermont
- Workers' Comp Settlements in Vermont
- Retaliation for Filing Workers' Comp in Vermont
- Suing Over a Work Injury in Vermont
- All Vermont workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Vermont?
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.
How do you appeal a denied workers' comp claim in Vermont?
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.
What is the deadline to file a workers' comp claim in Vermont?
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.
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.