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Category Archives: Workers Comp Laws

Can I File a Lawsuit in Addition to Seeking Workers’ Compensation in Vermont?

Posted by Erin Gallivan | Workers Comp Benefits, Workers Comp Laws

Workplace accidents in Vermont can be devastating, resulting in debilitating injuries that require substantial medical care and many missed workdays and lost wages. After a workplace accident, one of the most important ways to seek compensation is to file a workers’ compensation claim. Yet you may be frustrated that you are only permitted to seek …

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Understanding Vocational Rehabilitation, and the Disputes that may Arise

Posted by Erin Gallivan | Workers Comp Benefits, Workers Comp Laws

Someone injured at work might never be able to return to their job. However, with additional training or education, they might transition to a different job, either within their company or in a completely different field. This will allow them to return to work and begin supporting themselves. Vocational rehabilitation is an important workers’ compensation …

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Can I Choose My Own Workers’ Comp Doctor?

Posted by Erin Gallivan | Workers Comp Benefits, Workers Comp Cases, Workers Comp Laws

It makes sense that any time you are injured or sick, you have the right to go see your own personal doctor. Unfortunately, after sustaining an injury or occupational illness at work, some employers will tell you that is not the case. Many employers will tell you that you must see a doctor of their …

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How do Independent Medical Exams affect Workers’ Compensation Claims?

Posted by Larson Gallivan | Workers Comp Laws

Vermont’s workers’ compensation laws allow injured workers to meet with a doctor of their choice for treatment. However, insurers are also allowed to send employees to be evaluated by a doctor of their choosing, called an Independent Medical Exam (IME). An IME Explained An IME is an evaluation for the purpose of providing an expert …

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Can an Employee be Terminated while on Workers’ Compensation?

Posted by Erin Gallivan | Workers Comp Laws

Yes, workers can be terminated while on workers’ compensation. There is no restriction on laying an employee off, even if that employee was injured while on the job and has filed for workers’ compensation benefits. However, there are some limitations on an employer’s right, which our Rutland workers’ compensation attorneys are familiar with. You Cannot …

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Rutland, Vermont Educators, Covid-19 and Workers Compensation

Posted by Erin Gallivan | Workers Comp Laws

The new Vermont COVID-19 workers compensation law made it easier for an employee to prove a worker’s compensation claim for a COVID-19 diagnosis. How will this apply to school employees such as teachers, college professors, principals, paraeducators, custodians, cafeteria workers, guidance counselors, and school staff? In a normal workers compensation claim, the employee has to …

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COVID-19 and Workers Compensation in Vermont

Posted by Erin Gallivan | Workers Comp Laws

COVID-19 and Workers Compensation in Vermont A new law provides automatic claims for some employees diagnosed with COVID-19. Front-line workers, and non-Front-line workers who can show a documented exposure to Covid-19, are now presumed to have contracted the illness at work. The law was just passed but is retroactive back to March 1, 2020  Front-line …

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How Do They Determine the Amount of My Weekly Workers Comp Check in Rutland, VT?

Posted by Erin Gallivan | Workers Comp Benefits, Workers Comp Laws, Workers Comp Rights

In Vermont, the dollar amount of your weekly workers compensation check is determined by calculating your “Average Weekly Wage” and your “Weekly Compensation Rate.” There are very specific rules that determine how these amounts are calculated. What is Average Weekly Wage? The “Average Weekly Wage” or “AWW,” is your average gross wages prior to getting …

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Can I Choose What Doctor I See for My Work-Related Injury in Vermont?

Posted by Tristan Larson | Workers Comp Benefits, Workers Comp Laws, Workers Comp Rights

As a workers’ compensation lawyer in Vermont, my clients often ask me if they can visit their own doctor about their work-related injury. Of course, it’s only natural for us to want to turn to a doctor whom we know and trust. The answer, happily is YES, you can choose what doctor you see for …

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Worsening of a Degenerative Condition and Workers Comp in Vermont: Does It Apply to You?

Posted by Tristan Larson | Workers Comp Benefits, Workers Comp Laws, Workers Comp Rights

Imagine that you have a preexisting condition, such as arthritis or degenerative disc disease, and it becomes worse as a result of the work you do. In legal terms, this situation is known as “degenerative aggravation” and the good news is — it’s covered by workers comp in Vermont. (Usually.) Arthritis is a common degenerative …

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