Debunking Common Myths About Temporary Disability Benefits in Vermont

After suffering a work-related injury in Vermont, you may be eligible to recover workers’ compensation benefits. One of the types of benefits you can recover is temporary disability benefits. Unfortunately, many myths persist about temporary disability benefits in Vermont, including myths about when these benefits start, how much you can recover in temporary disability benefits, and up to when these benefits last. In this article, we debunk some of the most prevalent myths about temporary disability benefits in Vermont.

Myth #1: Temporary Disability Benefits Start Immediately After an Injury

One of the most widespread myths about temporary disability benefits is that you start receiving benefits on the day of the injury. In Vermont, these benefits are only payable if a worker misses work for more than three days due to a work-related injury. If, after the third day, your disability lasts for seven days or more, you are entitled to retroactive compensation to include the first three days. This is according to 21 V.S.A. § 642.

Myth #2: You Are Entitled to Your Full Salary

Another common misconception is that temporary disability benefits cover an employee’s complete salary during recovery. This is false. Temporary disability benefits typically amount to two-thirds of an employee’s average weekly wage, and the amount is subject to statutory minimum and maximum limits, which are set annually.

Myth #3: You Cannot Receive Benefits if the Accident Was Your Fault

Workers’ compensation is a no-fault system. This is true in Vermont and across the nation. This means you can recover benefits even if you did something that contributed to your injury. All you have to show is that your injury arose out of and in the course of employment. However, some exceptions apply. If, for example, you were under the influence of drugs or alcohol at the time of the injury, you may be barred from recovering compensation.

Myth #4: You Can Only Recover Temporary Disability Benefits if You Are Completely Unable To Work

If you can still work, you may assume that you cannot receive temporary disability benefits. This is not entirely true. In Vermont, there are two types of temporary disability benefits. If you can still work, but at a reduced earning capacity, you are eligible to recover temporary partial disability benefits. On the other hand, workers who cannot work at all due to their injury are entitled to temporary total disability benefits.

Myth #5: Temporary Disability Benefits Last Until an Employee is Fully Healed

This is not necessarily true. Temporary disability benefits last until;

• Your doctor says you can return to work
• Your doctor says you have reached maximum medical improvement (MMI)

MMI is that point where you are not expected to get any better with or without medical treatment.

Myth#6: Your Employer Decides Whether You Are Entitled To Temporary Disability Benefits

Usually, it is your treating doctor who decides if you are entitled to temporary disability benefits. You may be entitled to these benefits if your doctor takes you off work due to your injury, reduces your working hours, or places you on “light duty.” Your employer’s workers’ compensation insurance carrier is required to review your claim and award you damages if your injury is deemed compensable.

Contact Us for Legal Help

For help protecting your rights and ensuring you receive the benefits you are entitled to under the law, contact a skilled Vermont workers’ compensation attorney at Sluka Law PLC.

Source:

legislature.vermont.gov/statutes/section/21/009/00642