How Long Does a Workers’ Compensation Case Take in Vermont?
If you’ve been hurt on the job, one of the first questions on your mind is probably how long this is all going to take. Will you be waiting weeks? Months? Longer? The honest answer is that it depends. Some Vermont workers’ compensation cases are resolved relatively quickly, while others stretch out for a year or more. Understanding what drives the timeline can help you set realistic expectations and know when something may be going wrong.
The Early Stages Move on a Set Schedule
The beginning of a workers’ compensation case follows a fairly predictable timeline set by Vermont law. Once an injury is reported, the employer is required to notify their insurance carrier, and under Vermont Workers’ Compensation Rule 3.0900, the insurance carrier then has 21 days from receiving notice of the injury to investigate and decide whether to accept or deny the claim.
If the claim is accepted, benefits should begin shortly after that decision. In straightforward cases, an injured worker could be receiving medical coverage and wage replacement within a matter of weeks. That’s the best-case scenario, and it does happen.
If the claim is denied, however, the process shifts into a dispute phase that can take considerably longer.
When There’s a Dispute, the Timeline Stretches
A denied claim triggers a multi-step dispute process overseen by the Vermont Department of Labor. The steps generally unfold in this order:
- Informal conference with a Department of Labor specialist, usually conducted by phone, where both sides present their positions. The specialist typically issues a written decision within one to two weeks of that call.
- Formal hearing before a hearing officer if either party is unsatisfied with the informal conference outcome. This stage involves presenting evidence and testimony, and takes longer to schedule and complete.
- Appeal to the Vermont Superior Court or Vermont Supreme Court, which is available after a formal hearing and can add significant time to the process.
Under 21 V.S.A. § 664, a hearing officer is required to issue an award within 60 days after a formal hearing is held. But getting to and through that hearing can itself take many months, depending on the complexity of the case, the volume of disputes at the Department, and how aggressively both sides are litigating.
What Makes Cases Take Longer?
Several factors can extend how long your case takes. Disputes over whether an injury is work-related, conflicts over the severity of the injury, ongoing medical treatment that hasn’t reached a stable endpoint, independent medical exams (IMEs) requested by the insurer, and negotiations over a final settlement can all add time. Cases involving permanent disability or vocational rehabilitation tend to take longer than cases involving a temporary injury and a full recovery.
On the other hand, cases where liability is clear, the injury has healed completely, and both sides agree on the facts tend to resolve much faster.
What You Can Do to Keep Things Moving
While you can’t control everything, there are steps that can help avoid unnecessary delays. Report your injury to your employer promptly. Attend all medical appointments and follow your treatment plan. Respond to requests from the insurance carrier in a timely way, including returning any required authorization forms. Keep records of everything, from medical bills and appointment dates to any communications about your claim.
Missing deadlines or leaving gaps in your documentation gives the insurance company grounds to question your claim, which can slow things down considerably.
Reach Out to Our Vermont Workers’ Compensation Attorneys
If your claim is taking longer than it should, has been denied, or is heading toward a formal hearing, you don’t have to navigate that process on your own. At Sluka Law PLC, our Vermont workers’ compensation lawyers are ready to help you understand where your case stands and what you can do to move it forward. Contact us today for a free consultation.
Sources:
legislature.vermont.gov/statutes/section/21/009/00664 labor.vermont.gov/sites/labor/files/doc_library/Worker’s%20Comp%20Rules%20index.pdf
