Debunking Common Myths About Who Qualifies for Workers’ Comp in Vermont

In Vermont, all employers with one or more employees are required to carry workers’ compensation insurance. This coverage protects workers who sustain injuries due to their work. However, because of misunderstandings about who is covered by workers’ compensation, many workers refrain from filing claims and seeking benefits. Do not let myths cause you to miss out on benefits that you are legally entitled to. Read on to learn the truth about who qualifies for workers’ compensation in Vermont.

Myth #1: Only Full-Time Employees Are Covered

One of the most prevalent myths about workers’ compensation eligibility is that you can only receive benefits if you are a full-time employee. In Vermont, most workers are eligible to recover workers’ compensation benefits after suffering a work-related injury, regardless of whether they are full-time, part-time, seasonal, or temporary workers. As long as you are not considered an independent contractor under the law, you can recover benefits for your work injury or illness.

Myth #2: Your Injury Must Have Happened at the Job Site

While most compensable injuries happen while a worker is performing work duties at their job site, injuries outside the job site can also be covered. The main legal requirement is that your injury must have arisen out of and in the course of employment. In other words, if an injury happens while you are performing work-related activities, you may still be covered, even if you were not at your job site during that time.

Myth #3: If You Are Classified as an Independent Contractor, You Cannot Receive Benefits

Indeed, in Vermont, independent contractors (ICs) are generally not covered by workers’ compensation. However, just because an employer classifies you as an independent contractor does not automatically mean you are ineligible for workers’ compensation. The truth is that some employers misclassify employees as ICs to get out of paying workers’ compensation benefits. If you are classified as an IC, ask yourself, “Does my employer control my work hours, provide my work tools, and direct my work? If you answer yes, you might actually be an employee according to the law and thus, entitled to workers’ compensation.

Myth #4: You Are Disqualified if You Have a Pre-Existing Condition

A pre-existing condition can complicate your Vermont workers’ comp claim. However, it does not automatically disqualify you from receiving workers’ comp benefits. If the insurance company determines that you suffered an aggravation of your pre-existing condition, you may be eligible for benefits.

Myth #5: You Must Have Been Employed for a Long Time

Most workers assume that they can only receive workers’ comp benefits if they have worked for an employer for a long time. This is not true. In Vermont, you may be eligible to recover workers’ compensation benefits even if you are injured on your first day of work. Coverage usually begins immediately after an employee starts working. As long as you sustained your injuries while performing job-related duties, you can recover benefits.

Contact Us for Legal Help

If you’ve suffered an injury and are unsure whether you qualify for workers’ compensation, contact our skilled Vermont workers’ comp lawyer at Sluka Law PLC for legal help.