Important Things to Know About
Workers' Compensation in Rutland
Under workers’ compensation laws, anytime an employee is injured, they have a workers compensation claim. Employers must have workers’ compensation insurance to cover the costs of the claims. Once an employee is able to show that their injuries are related to their work and/or work duties, then they are entitled to a limited list of benefits.
The System of
- EmployersAll employers must have workers compensation insurance (or be self-insured). In this way, the system is designed to be good for employees and employers alike. It protects both parties.
- Workers All workers compensation claims are overseen by the Vermont Department of Labor. They write all the rules and ensure they are followed. Most decisions in any claim must be documented on Department of Labor Forms which the insurance company must submit to the Department of Labor.
Workers comp insurance covers any and all of an employee’s work injuries, and they don’t have to prove the employer was negligent. For the employee, the downside to the system is that the amount of compensation that an injured worker will receive is much much less than in other personal injury claims. But this also protects the employer from having to pay out extraordinary sums which could threaten the business’s viability.
In the workers’ comp system, there are four categories of benefits, and that is all the injured worker gets. An injured worker does not receive any compensation for emotional distress, pain and suffering, or for how the injury impacts their life.
If there is any dispute between the Claimant (the injured worker) and the Defendant (the insurance company), the Vermont Department of Labor handles the disputes. Disputes are resolved first through an Informal Phone Conference with a “Specialist” at the Vermont Department of Labor.
If a party is unhappy after this stage, they can ask for a Formal Hearing at the Department of Labor. After this stage either party can appeal to the Vermont Superior Court or to the Vermont Supreme Court, depending on whether it is an issue of law or an issue of fact.
Call Our Rutland, Workers’ Compensation Attorney
At the offices of Larson & Gallivan Law, our Rutland, VT workers’ compensation accident attorneys understand the trauma of a crash and how shocking it can be to suffer serious injuries and incur high costs. When you call our law firm, we’ll work hard to prosecute your claim, calculate your damages, and negotiate for a settlement that’s fair. Please reach out to our law firm today by phone or online to get started. We offer free consultations for injury cases and work on a contingency fee basis with no upfront or hourly fees.