Workers' comp claim denied in Vermont: what to do next

File Form 6, Notice and Application for Hearing (or similar written notice), with the Department. A Department specialist reviews the evidence you and the insurer send and usually holds an informal telephone conference.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Vermont

Who decides: Vermont Department of Labor, Workers' Compensation Division (Department specialists for informal resolution; the Commissioner for formal hearings)
First step: File Form 6, Notice and Application for Hearing (or similar written notice), with the Department. A Department specialist reviews the evidence you and the insurer send and usually holds an informal telephone conference. The specialist can recommend payment or issue an interim order requiring the insurer to pay.
Form: Form 6, Notice and Application for Hearing
Deadline: Proceedings to start a claim must begin within 3 years of the injury (2 years from discovery for an occupational disease). If the insurer denies a claim after paying voluntarily, start proceedings within 6 months of the denial. An appeal of the Commissioner's award to Superior Court must be filed within 30 days after copies of the award are sent.
Medical disagreements: Disputes over whether treatment is reasonable and necessary go through the same Form 6 process. Requests for treatment and medical case management can be made through the preauthorization process. The insurer may stop medical benefits only with medical evidence, such as from your own doctor or an independent medical examination (IME).
: Form 8, Notice of Intent to Change Health Care Provider
Appealing the decision: Superior Court (within 30 days, jury trial available) or Vermont Supreme Court on questions of law.

File Form 6, Notice and Application for Hearing, with the Workers' Compensation Division and send copies of the medical records and other evidence you rely on to the Department and the other side.
A Department specialist holds an informal telephone conference (not recorded, no oath) and may issue an interim order or a letter with the results.
If the dispute cannot be resolved informally, it is referred to the formal hearing docket: an in-person, recorded hearing with sworn testimony, decided by the Commissioner.
Either party may appeal the Commissioner's award to Superior Court within 30 days after copies of the award are sent (with a right to a jury trial), or take questions of law to the Vermont Supreme Court.

Law: 21 V.S.A. §§ 656(c), 660, 670, 672

Source: labor.vermont.gov

Sources

The official sources for Vermont are listed on the Vermont page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org