According to a report from Vermont Business Magazine, a group of dairy workers in Vermont are complaining about poor wages and unsafe working conditions. A study from the University of Massachusetts Amherst Labor Center—which was focused primarily on migrant laborers in the state’s dairy industry—found that 77 percent of employees surveyed had suffered a job related injury in the last year. Here, our Rutland workers’ comp lawyers provide a more detailed overview of the report and explain the workers’ comp rights of agricultural workers in Vermont.
Dairy is One of the Most Important Agricultural Industries in Vermont
Dairy farming is a cornerstone of Vermont’s agricultural industry, contributing significantly to the state’s economy and cultural identity. Indeed, according to the Vermont Agency of Agriculture, Food, and Markets, dairy makes up the majority of all agricultural output in the state. Dairy farms account for the majority of agricultural land use, supporting thousands of jobs across farming, processing, and distribution. Vermont’s dairy industry also plays a vital role in preserving the state’s rural landscape and its sustainable farming traditions. Dairy farming is a key economic driver. All of the workers in our state’s dairy industry make very important contributions to our economy.
Survey: Questions Raised About Poor Safety Practices in Vermont’s Dairy Industry
Unfortunately, our state’s dairy industry may not be as safe for workers as it should be. A recent survey conducted by Migrant Justice in collaboration with the University of Massachusetts Amherst Labor Center highlights significant challenges faced by migrant dairy workers in Vermont. Of the 212 Spanish-speaking workers surveyed, 77 percent reported workplace accidents or injuries. Additional issues include inadequate housing, unsafe working conditions, and discrimination. Workers report physical risks such as being struck by cows, exposure to chemicals, and grueling schedules of 72 hours per week or more.
The survey builds on Migrant Justice’s 2014 findings that spurred the creation of the Milk with Dignity program. The program is designed to benefit workers on participating farms. However, the new data indicates that outside the program, migrant workers continue to endure systemic exploitation and human rights violations. To be clear, it is not just an issue for migrant workers in Vermont. There are serious questions being raised about workplace safety for all types of agricultural workers in the state.
Most Dairy Workers are Covered By Workers’ Compensation Insurance in Vermont
Some states have large “carve outs” in their workers’ comp laws for agricultural employers. However, that is not the case in our state. Most farm workers—including most farm workers in our state’s Dairy industry are covered by workers’ compensation. As explained by the Vermont Department of Labor (DOL), “Vermont’s workers’ compensation law covers employees working for agricultural employers that have an aggregate payroll greater than $10,000 in a calendar year.” If an employer fails to get proper workers’ comp coverage for its staff, it can face sanctions.
Workers’ Compensation is No-Fault in Vermont
In Vermont, workers’ compensation operates on a no-fault basis. An employee does not need to prove that their employer was “at fault” for their accident to be able to get workers’ compensation. Quite the contrary, benefits can be awarded regardless of who caused the accident. The system ensures that injured workers receive medical care, wage replacement, and other necessary support without the burden of proving employer negligence. Employers benefit as well, as the no-fault structure limits liability and reduces the potential for costly lawsuits. Indeed, injured workers in Vermont generally cannot file a personal injury lawsuit directly against their own employer.
An Overview of Workers’ Comp Benefits in Vermont
Were you hurt on the job at a dairy farm or while working for another agricultural employer in Vermont? If so, you have the right to pursue all available workers’ comp benefits. As long as your injury is work-related, you can bring a workers’ comp claim. Benefits can include:
- Medical Benefits: Medical benefits necessary medical treatments, including doctor visits, hospital stays, surgeries, medications, physical therapy, and assistive devices like crutches or wheelchairs. All reasonably needed care should be covered by workers’ comp.
- Temporary Disability Benefits: Temporary disability benefits offer wage replacement for workers who cannot perform their job duties while recovering. Notably, these payments are typically two-thirds of the worker’s average weekly wage. They are not taxed.
- Permanent Disability Benefits: These benefits compensation for workers who sustain lasting impairments that prevent them from fully returning to work. Benefits are calculated based on the severity of the disability.
- Vocational Rehabilitation: Vocational rehabilitation benefits help workers who are unable to return to their previous roles by offering retraining, education, and job placement services to transition into new employment.
- Death Benefits: The death of a worker in Vermont is a terrible tragedy. Death benefits provide financial support to the dependents of workers who suffer fatal workplace injuries or illnesses, including funeral and burial expenses.
How Our Vermont Workers’ Comp Lawyers Can Help
Workers’ compensation claims are complicated—especially so people who work in Vermont’s dairy industry or another agricultural sector. You do not have to take on the system alone. At Larson & Gallivan Law, we have extensive experience handling workers’ comp claims and other types of work injury cases, including third party liability cases. Our client testimonials tell the story. When you contact our Rutland office, you will connect with a Vermont workers’ comp lawyer who can:
- Conduct a thorough, comprehensive review of your work injury case;
- Investigate your job-related accident—gathering any relevant evidence;
- Handle the workers’ compensation paperwork; and
- Take all necessary steps to maximize your financial benefits.
Contact Our Vermont Workers’ Compensation Attorney Today
At Larson & Gallivan Law, our Vermont workers’ comp lawyers are experienced, effective advocates for justice. If you or your loved one was hurt while working in Vermont’s agricultural sector, we are here to help. Contact us today for a free, no obligation initial case review. With an office in Rutland, we fight for the rights and interests of injured workers throughout all of Vermont.
