Can Vermont Workers’ Compensation Pay Me if I Have To Care for My Injured Spouse?
When a person suffers a severe injury while on the job, their spouse usually steps in to assist with everyday tasks, such as dressing, bathing, driving, preparing meals, and ensuring everything in the house runs smoothly. What many people in Vermont may not know is that workers’ compensation could actually cover such care. A recent ruling from the Vermont Department of Labor clarifies when and how a spouse can receive payment for providing care to their injured partner.
The case involved a worker who sustained a serious back injury on the job. As time went on, his condition worsened, and he found it hard to do many daily activities without help. His wife took the role of full-time caregiver. The main question in this case was whether Vermont law required the husband’s employer to compensate her for the care she was giving.
When Does Spousal Care Qualify for Compensation?
According to 21 V.S.A. § 640, employers are obligated to provide “reasonable surgical, medical, and nursing services” to an injured worker. The law does not specify that only a licensed nurse can provide these “nursing services.” What matters is that the care:
- Is necessary due to the job-related injury, and
- Helps alleviate symptoms or maintain functional abilities.
The Hardy Case
In Hardy v. Autumn Harp, Inc. (2025), the worker suffered a severe fall at work that resulted in chronic pain, weakness, and major mobility issues. Because of the injury, he needed help with, among other things:
Getting out of bed
- Bathing and dressing
- Toileting
- Showering
- Preparing meals
- Walking around the house
- Managing medications
Doctors and specialists agreed that due to his injury, Hardy could not live on his own without significant help. His wife provided around eight hours of hands-on care every day, which included monitoring fall risks and helping with basic mobility and personal hygiene. Notably, the employer’s own experts admitted that if the wife didn’t provide this care, the worker would have to hire someone else, and that the need for this care would be because of his work-related back injury.
“Skilled” Vs. “Unskilled” Care: The Department’s Decision
According to the employer, many of the services the wife performed were “unskilled” and therefore not eligible for compensation. However, the Department dismissed this claim. It made it clear that the state’s workers’ compensation does not depend on Medicare rules or nursing-assistant licensing standards to determine what qualifies.
Instead, the Department applied a more practical question: “Is the care reasonable and necessary for the injured worker to safely function at home?” Because expert testimony indicated that Hardy needed help with daily tasks that he could no longer perform due to his work-related injury, the Department determined that the care was compensable.
How Much Compensation Was Awarded?
The Department directed the employer to pay benefits equal to the minimum wage for 8 hours per day of nursing services, retroactive to August 18, 2016. Through 2024, the total was $283,417.44, with ongoing payments into 2025 and beyond as long as the spouse continues to provide the required care.
Contact Sluka Law Firm
If your spouse suffered a work-related injury in Vermont and you’re providing necessary in-home support, contact our skilled Vermont workers’ comp lawyer at Sluka Law Firm to determine if you may be eligible for compensation.
Source:
outside.vermont.gov/dept/Labor/WorkersComp/2025/12-25WC%20Hardy%20v.%20Autumn%20Harp,%20Inc.%20(September%204,%202025).pdf
