How Vermont’s Workers’ Compensation Law Differs From Other States
In the United States of America, workers’ compensation laws are meant to protect employees who sustain injuries or illnesses while on the job. While this is the common objective for all states, every state implements workers’ compensation laws in slightly different ways. Vermont is one of the states with strict and employee-friendly protections in the nation. If you live or work in Vermont, it is crucial that you understand how the state’s workers’ compensation program varies from others. This information can help you protect your rights after a job-related injury.
Below are some of the major ways Vermont workers’ compensation law differs from other states;
- Broader Coverage Requirements
In some states, employees are not legally obligated to carry workers’ compensation unless they have a specific number of employees, often three, four, or even five. For instance, Alabama only requires employers with at least five employees to provide workers’ compensation coverage for their employees. Georgia only requires employers with three or more regular employees to carry workers’ compensation insurance. This means that in these states, small businesses may not have to provide workers’ compensation coverage.
Vermont employs a different approach. In Vermont, all employers are required to carry workers’ compensation insurance. As long as an employer has at least one employee, whether part-time, full-time, seasonal, or temporary, they must carry workers’ compensation. There are very few exceptions to this rule, including LLCs with no members and companies with a maximum of four corporate officers or LLC members.
Vermont’s broader coverage ensures that all employees can access medical treatment and wage replacement after a work injury, making Vermont’s workers’ comp laws more protective than those of many other states.
- Vermont Allows Workers To Choose Their Doctor
Many states limit employees’ right to choose their own doctor after a work injury. In many states, workers are restricted to a list of “approved providers” chosen by their employer or workers’ compensation insurer. This can disfavor the employee, as the doctor selected by the insurance company or employer might be biased.
Vermont gives workers more authority. After a work injury, you have the right to see a doctor of your choosing. However, your employer may require you to see their preferred provider for your first visit. After that initial visit, you can switch to another doctor and submit your bills to the insurance company. To change health care providers, you will need to file Form 8 (Notice of Intent to Change Health Care Provider). This law ensures you get treated by a doctor you trust who makes decisions with your best interests in mind.
- Vermont Is Serious About Cracking Down on Misclassification
In many states, employers misclassify workers as independent contractors to avoid paying workers’ compensation benefits. Vermont uses a strict, multi-factor method to determine if a worker is an employee or an independent contractor. Worker classification is determined by the level of control the employer has over the worker and the nature of the business relationship. If;
- your employer controls how you do your work, including where and when you do the work,
- your relationship with the employer is ongoing, and
- your work is a key aspect of the business,
…you are likely an employee and not an independent contractor.
After suffering a work injury, understanding how Vermont’s workers’ comp law stands out can help you make informed decisions and protect your rights.
Legal Help Is Available
After sustaining a job injury, our skilled Vermont workers’ comp lawyer at Sluka Law PLC can help you protect your legal rights.
