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Vermont Workers’ Compensation Lawyer > Blog > Workers Compensation > Challenges You Might Encounter During a Vermont Workers’ Compensation Claim and How To Overcome Them

Challenges You Might Encounter During a Vermont Workers’ Compensation Claim and How To Overcome Them


Work-related injuries happen all the time – from minor cuts to amputations. Some work injuries even result in death. After suffering a work-related injury in Vermont, you can file a workers’ compensation claim and recover financial compensation. While the workers’ compensation system is designed to support injured employees, navigating a workers’ compensation claim can present several challenges. Understanding the challenges you may encounter during a Vermont workers’ compensation claim and how to overcome these challenges is crucial. In this article, we discuss some of the challenges you might face during a Vermont workers’ compensation claim and the strategies to overcome these challenges.

#1: Disputes Over Eligibility

One of the common challenges injured employees encounter is employers or their insurance companies arguing that they are not eligible for workers’ compensation benefits. For example, your employer or the insurance company may argue that your injury did not occur in the course of employment or that your injury existed before the workplace incident.

You can overcome this challenge by gathering evidence such as witness statements, medical records, security footage, and other evidence showing you are eligible for workers’ compensation benefits.

#2: Disputes Over Medical Treatment

It is not uncommon for workers’ compensation insurance companies to disagree over the necessity or extent of an injured employee’s medical treatment. For instance, insurance companies may disagree about the need for specific therapies, surgeries, or medications.

You can overcome this challenge by ensuring you receive only the medical care you need. Consulting with an attorney can help ensure you receive only necessary medical care. An attorney can also help you navigate disputes when they arise.

#3: Denied Claims

A denied claim is another challenge you might encounter as an injured employee. Your employer’s insurance company may deny your claim for various reasons, including disputes over the cause of your injury or its severity. The insurance company may also deny your claim if they believe your injury existed before the workplace incident.

Fortunately, if your workers’ compensation claim is denied, you can appeal the denial. If your claim is denied, consult an attorney. A skilled attorney can help you gather evidence that can help support your appeal. They can help you present a compelling case.

#4: Benefits Disputes

You may encounter disputes regarding the benefits you are entitled to or how much money you are entitled to. Working with a qualified workers’ compensation attorney can help you overcome this challenge. A skilled attorney can assess your case, determine which benefits you are entitled to, help in benefit calculations, and advocate for fair compensation. Under Vermont workers’ compensation law, you may be entitled to medical benefits, wage replacement benefits, permanent disability benefits, and vocational rehabilitation benefits.

#5: Retaliation

Fear of retaliation is a genuine concern that employees with pending workers’ compensation claims have. In Vermont, it is against the law for an employee to retaliate against an employee for filing a workers’ compensation claim. Understanding that you have the right to be free from retaliation and consulting an attorney can protect you from retaliation.

Legal Help Is Available

With the right attorney, you can overcome any challenge you encounter during the workers’ compensation claims process. Our Vermont workers’ compensation attorneys at Sluka Law PLC are here for you. Contact us today to schedule a consultation.

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