Can I File for Workers’ Compensation More Than Once?

In Vermont, workers’ compensation is there to help you when you suffer injuries on the job. Workers’ compensation provides medical benefits, wage replacement, and support for rehabilitation to employees who are hurt while performing their job duties. It is a safety net that ensures injured employees can focus on their recovery without stressing about mounting medical bills, rehabilitation costs, or loss of income. But what happens if you file a workers’ compensation claim, recover benefits, and then suffer another work-related injury down the road? Can you file for workers’ compensation more than once? The short answer is yes, you can. However, there are some crucial things to understand. Read on!

Understanding Vermont’s Workers’ Compensation System

In Vermont, all employers who have one or more employees, either full-time or part-time, are required to have workers’ compensation. Workers’ compensation provides benefits to employees regardless of fault. However, in exchange, you generally waive your right to sue your employer for negligence. The workers’ compensation system is designed to help employees get the support they need quickly while protecting employers from lawsuits.

Is There a Limit to How Many Claims You Can File?

Vermont has no legal limit to the number of times you can seek workers’ compensation benefits. If, for example, you sustained a back injury in 2023 and this year you have suffered a neck injury, you are allowed to file a new claim for the neck injury, even if you still work for the same employer, as long as your injury is work-related.

While you can file more than one claim, multiple filings over time can attract heightened scrutiny. If you have filed a workers’ compensation claim before, it’s especially crucial to work with an experienced attorney who can help you build a solid and credible case.

What If Your Current Injury Is Related to a Previous One?

Suppose the back injury you suffered in 2023 starts causing problems after a new incident or strain at work. In such a case, the situation might be classified as an aggravation. Under Vermont workers’ compensation law, such cases are usually compensable. If you can prove that a new job-related incident or activity worsened your prior injury, you can recover workers’ compensation benefits. For example, if you re-injured your back in 2025 while lifting heavy equipment, your situation could be considered an aggravation, and you may be able to recover benefits. While it is the same body part that has suffered harm, the new work-related incident or activity qualifies you to seek workers’ compensation benefits. However, these cases often require more detailed medical documentation to prove that the new incident or activity worsened the pre-existing injury.

If between 2023 and 2025 you have changed employers, you might be wondering which employer or insurance company is responsible. In an aggravation case, the employer at the time of the new injury or incident is typically the one responsible for paying workers’ compensation benefits. This means that even if your original back injury happened while you were working for a previous employer, your current employer and their insurance company are responsible if your condition was aggravated by activities related to your current job.

Contact Us for Legal Help

If you’ve been injured at work and have filed a workers’ compensation claim before, contact our experienced Vermont workers’ compensation lawyer at Sluka Law Firm for legal help.

Source:

labor.vermont.gov/sites/labor/files/doc_library/Fact%20Sheet%20For%20Employers.pdf