Filing a Workers' Comp Claim in Vermont
The deadlines to report a work injury and file a claim in Vermont, how to file, and how to appeal a denial.
Short 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). 21 V.S.A. §§ 656, 660; Vermont Department of Labor, Claims Filing
| 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. |
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| 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 |
| 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. |
| 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. |
| 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. |
Where to get help in Vermont
More Vermont workers' compensation
- 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
- Appealing a Denied Workers' Comp Claim in Vermont
- All Vermont workers' compensation rules
FAQ
How long do you have to report a work injury in Vermont?
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.
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.
How do you file a workers' comp claim in Vermont?
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.
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.
How do I file or check a workers' comp claim online in Vermont?
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.
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.