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Retaliation for Filing Workers' Comp in Vermont

Whether an employer in Vermont can fire or punish you for filing a workers' comp claim, and what you can do.

Short 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. 21 V.S.A. § 710

Retaliation for filingNo 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.
Appealing a denialDisputes 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.

Where to get help in Vermont

More Vermont workers' compensation

FAQ

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

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.