Workers' comp deadlines in Vermont: tell your employer and file

Tell your employer in Vermont

Counted from

The date of the injury (for an occupational disease or gradual injury, when the injury and its link to work become reasonably discoverable and apparent)

In writing?

The law does not require writing

If you are late

Late or missing notice does not bar your claim if your employer, its agent or representative knew about the accident, or if the delay did not harm your employer.

Source: prejudice

Illness that develops over time

For an occupational disease, the date of injury is when the disease and its relationship to your work became reasonably discoverable and apparent. A claim for an occupational disease must be made within 2 years of that date.

Tell your employer about the injury immediately. The law requires notice to your employer as soon as practicable after the injury. If the injury developed over time, tell your employer as soon as you are aware of it.

Law: 21 V.S.A. §§ 656, 660

Source: labor.vermont.gov

File your claim in Vermont

Time limit

3 years

Counted from

The date of injury

What to file

Your employer files the injury report with its insurer and the Department. If your employer does not, file Form 5, Employee's Notice of Injury and Claim for Compensation, with the Vermont Department of Labor. To start a dispute, file Form 6, Notice and Application for Hearing.

Claim form

Employee's Notice of Injury and Claim for Compensation

Who files it

You tell your employer. Your employer then files the workers' compensation claim (first report of injury) with its insurance company and should give you a copy. If your employer does not file it, you can file Form 5 with the Department of Labor yourself; you will need evidence, such as medical records and witness statements, that the injury was caused by your work. If you cannot work, get a written note from your doctor.

What your employer must do

If the injury causes an absence of one day or more or needs medical care, your employer must report it to the Department in writing within 72 hours (Sundays and legal holidays excluded) and should give you a copy. Your employer may send you to a designated health care provider for the first visit.

When the insurer decides

The insurance company has 21 days from the date your employer received notice of the injury to investigate and decide whether it is covered. It will ask you to sign Form 7, Medical Authorization. If the employer has not denied the claim within 21 days after it is filed, benefits become due, and payments more than 21 days overdue carry a 10% penalty.

Illness that develops over time

A claim for an occupational disease must be made within 2 years of the date the disease is reasonably discoverable and apparent.

The law says a claim for compensation should be made within 6 months after the injury, but a late claim is not barred if your employer knew about the accident or was not harmed by the delay, and no claim is needed if compensation is being paid voluntarily. In all cases, proceedings to start a claim cannot be begun more than 3 years after the date of injury. If the insurer stops paying and denies the claim after paying voluntarily, you must start proceedings within 6 months from the date of denial.

Law: 21 V.S.A. §§ 656, 660

Source: legislature.vermont.gov

Law: 21 V.S.A. §§ 650(e), 656, 701

Source: labor.vermont.gov

Waiting period and first payment in Vermont

Waiting period

Temporary total disability is not paid for the first 3 days of disability. The day of the accident counts as the first day unless you were paid full wages for it. The Department says you must be out of work 4 days or more to get TTD.

Paid back for the waiting days

If your total disability continues after the third day for 7 consecutive calendar days or more, you are paid for the whole period, including the first 3 days.

First payment

Benefits are due if the employer has not denied the claim within 21 days after it is filed. After that, the insurer picks a weekday for payment and must mail or deposit each weekly payment by that day. You can choose direct deposit. Late weekly payments carry a late fee of the greater of $10 or 5% for the first late payment, 10% for the second and 15% for later ones.

How often you are paid

Weekly

Law: 21 V.S.A. §§ 642(a), (c)(2), 650(e)-(f)

Source: legislature.vermont.gov

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer