5 Common Issues When Filing a Vermont Workers’ Compensation Claim
If you’ve been injured on the job in Vermont, you may expect the workers’ compensation process to be straightforward. Unfortunately, this is rarely the case. Filing a workers’ compensation claim in Vermont can be frustrating, especially if you encounter unexpected roadblocks from employers and insurance companies and don’t have an attorney. At Sluka Law PLC, we have helped many people fight for the workers’ compensation benefits they deserve. This article discusses five of the most common issues workers face when filing a workers’ compensation claim in Vermont and how to avoid them.
- Disputes Over the Severity of the Injury
One of the most frustrating issues employees face is having the severity of their injuries challenged. Your employer or the insurance company may argue that your injury is not as severe as you claim or that you can return to work before you are ready. They might even claim that your permanent disability is only partial. Such disputes can affect your benefits, such as temporary total disability benefits, temporary partial disability benefits, and permanent total disability benefits.
Tip: Report your injury immediately to avoid raising suspicion or creating doubt, seek prompt medical attention, follow all medical advice, document everything, and avoid posting things that could suggest you are not as injured as you claim.
2. Claim Rejection Due To Preexisting Conditions
Some workers’ compensation claims are denied because the worker had a preexisting condition. This is especially common in cases involving back injuries, repetitive stress injuries, and joint problems. In Vermont, a preexisting condition does not automatically mean an employee cannot recover compensation. You can still recover compensation if a workplace incident worsens your preexisting condition. The key is showing a direct link between your work and the worsening of your condition.
Tip: Gather evidence that can help you establish that the work incident aggravated your preexisting condition. Strong medical evidence can help you prove this.
3. A Biased Doctor
In Vermont, your employer may direct you to a company doctor for your initial medical visit. Unfortunately, some doctors are biased and may downplay your injury or push you to resume work before you are ready. This can adversely affect your recovery and the benefits you receive.
Tip: If you feel the employer-chosen doctor is acting in bad faith, you can request a change. Under Vermont law, you don’t have to see an employer-chosen doctor after your initial medical visit. If you don’t trust the employer-chosen doctor, complete Form 8 to notify your employer’s insurance carrier that you wish to change doctors.
4. Retaliation
While it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim, retaliation can still occur. Retaliation can take many forms, including demotion, termination, reduced hours, or harassment.
Tip: If an employer threatens or mistreats you, speak to a Vermont workers’ compensation attorney immediately.
5. Being Told You Are an Independent Contractor
Employers may try to avoid responsibility by misclassifying workers. Your employer or the insurance company may argue that you are an independent contractor, not an employee, and are thus not covered.
Tip: Reach out to an attorney for help determining whether you are an employee or independent contractor.
Contact a Vermont Workers’ Compensation Attorney
Our skilled Vermont workers’ comp lawyer at Sluka Law PLC can help you fight for your deserved compensation. Contact us today to schedule a consultation.
Source:
labor.vermont.gov/sites/labor/files/doc_library/Work%20Injuries%20brochure_0.pdf
