' Workers' Compensation Flowchart - Larson & Gallivan Law
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Workers’ Compensation Flowchart

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Did you receive an injury at work?

See "Accidents in Vermont"

YES
NO

Have you seen your own doctor?

YES
NO

Doctor's Notes Copies

Make a formal request at the doctor's office for copies of the medical records

Did you report your injury to your employer?

YES
NO

You selected that you were not injured at work

Click here for information about Filing a personal injury claim

You have the right to see your own doctor

After seeing the employer’s chosen doctor once, you have the right to seek care from your own doctor. Be sure to describe to the doctor how the injury happened. See Can I Choose What Doctor I See For My Work-Related Injury In Vermont?

After reporting your work injury

Ask your employer for the workers' compensation insurance company's name and contact information and the claim number.

The insurance company should send you a medical release, called a Form 7. Sign and return it as soon as possible.

Has your claim been accepted or denied? Your employer must report your claim to their insurance company and the DOL within three days. See How Do I Know Whether My Employer Filed My Claim?

Report Your Injury

In order to pursue a workers compensation claim you must report the injury to your employer. You should do this as soon as possible, but at the latest within six months. Follow the company policies for work injuries and get a copy of any incident report.

After submitted the forms

The insurance company must accept or deny claim within 21 days of the employer receiving the accident report.

Was your claim

Accepted
Denied
No Decision

The Informal DOL phone conference

As part of the appeals process, the DOL will schedule a phone call to discuss with you and the insurance company adjuster your initial claim and reason for its rejection.

The DOL will issue a decision after the informal phone call. Either party may appeal the DOL decision..

For more information, visit "Workers' Compensation Claim Proccess" and scroll down to the "informal conference" section.

Haven't received a decision in writing

The insurance company must “accept” or “deny” your claim within 21 days in writing. If you are not sure if your claim was accepted or denied, call the Vermont Department of Labor at (802) 828-2286.

If your claim hasn’t been reported to DOL, file a Form 5 & medical records with DOL. The insurance company must then make the decision whether to accept or deny your claim.

If your claim was reported to DOL but the insurance company has not issued a written decision within 21 days, call the DOL or an attorney. Which did they do?

Accepted

Was the decision appealed by either party?

Yes
No

For an accepted claim

Complete the following steps:

  1. Request the Form 25 & Form 32 from the insurance company. Make sure Form 25 is completed correctly. See our blog "How Do They Determine The Amount Of My Weekly Workers Comp Check In Rutland, VT?"
  2. Calculate average weekly wage and compensation rate. See blog "How to Calculate Workers' Compensation in Vermont".
  3. Make sure you are receiving the benefits you are entitled to:
    1. Temporary weekly benefits
    2. Vocational rehabilitation
    3. Medical bills
    4. Permanency

If an appeal is filed by either party against the DOL decision

The following steps will take place:

  1. A referral is requested to hold a formal hearing docket. Go to "Workers' Compensation Claim Process" and scroll down to the "Formal Hearing" section for more information on this process.
  2. A pre-trial conference is scheduled.
  3. Mediation is held
  4. Discovery is conducted
  5. The formal hearing is held

No appeal

If neither party appeals, then the DOL decision stands.

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