3 Things Vermont Employers Must Do After an Employee Is Injured

Suffering an injury while on the job is a painful and stressful experience. Unfortunately, work-related injuries are pretty common in Vermont. Thousands of workplace injuries happen in the state every year. After suffering an injury due to your job, you expect your employer to handle their responsibilities correctly. Unfortunately, while Vermont workers’ compensation laws place specific legal obligations on employers, sometimes employers do not fulfill these obligations.

If you’ve suffered a work-related injury in Vermont, it is vital to understand what your employer is required to do after learning about your injury. Knowing what your employer is legally required to do can protect your rights and help you recover the workers’ compensation benefits you need and deserve. Below are three things Vermont law requires employers to do after an employee sustains a job-related injury.

1.    Report the Injury

After you report your work-related injury, your employer is legally obligated to inform their workers’ compensation insurance provider and the state Department of Labor (DOL). According to the law, your employer has up to 72 hours after receiving notice of your injury to report to the Department.

To report your injury to the DOL, your employer must fill out and submit the Employer First Report of Injury, also called Form 1. This form kicks off the workers’ compensation claim process. If your employer fails to submit this form on time, your case might face delays or your benefits may be denied altogether.

Fortunately, if your employer does not file the First Report of Injury, you can contact the DOL and report the injury. To do this, you’ll need to fill out the Employee’s Notice of Injury and Claim for Compensation (Form 5).

2.    Investigate Your Claim

Your employer and their insurance company must investigate your case. The insurance company generally has 21 days from when your employer receives notice of your injury to conduct investigations and determine if your injury is covered. During the investigation phase, the insurance company may review your medical records, interview witnesses, and assess workplace conditions. If you have provided your employer with all the necessary information, they must cooperate fully by providing the insurance company with accurate information.

If the insurance company approves your claim, you should start receiving medical and wage replacement benefits immediately. If your claim is denied, you should get a written explanation of the denial. If you disagree with the denial, you have the legal right to appeal through the DOL.

3.    Provide Workplace Accommodations

If your physician clears you to resume work, but with restrictions, such as lighter duties, your employer is legally obligated to make reasonable efforts to accommodate those restrictions. For instance, if you suffered an injury while lifting heavy equipment and your doctor instructs you to only do light work, your employer may temporarily assign you other, less physically demanding work or administrative tasks (if possible). If your employer does not have suitable work, you may continue receiving temporary disability benefits until your doctor clears you to return to regular duties.

An employer cannot pressure you to resume work if you are not ready. And if they refuse to provide accommodation, they may be in violation of the law. If your employer tries to pressure you to resume work or unjustly denies you an accommodation, seek legal advice.

Contact Us for Legal Help

For help protecting your rights after a work injury and pursuing the benefits you deserve, contact our skilled Vermont workers’ comp lawyer at Sluka Law PLC.

Source:

labor.vermont.gov/sites/labor/files/doc_library/Form%201%20%E2%80%93%20Employee%E2%80%99s%20Claim%20%26%20Employer%E2%80%99s%20First%20Report%20of%20Injury%20%E2%80%93%20Rev%209-11%20.pdf