Vermont Construction Injury Claims: What Makes Them Different?
Construction is one of the most physically demanding and hazardous industries in Vermont. If you’ve been injured on a job site, you already know how serious these accidents can be. But did you know that construction injury claims often come with legal wrinkles that set them apart from a typical workplace injury claim? Understanding those differences could make a meaningful impact on the benefits you’re able to recover.
Why Construction Sites Carry Unique Risks
The numbers tell a clear story. According to the U.S. Bureau of Labor Statistics, construction accounted for 6 of Vermont’s 16 workplace fatalities in 2023, making it one of the deadliest sectors in the state. Nonfatal injuries are even more common. Falls from scaffolding, being struck by falling objects, equipment accidents, and electrocution are among the most frequent causes of serious harm on Vermont construction sites.
What makes construction different is the environment itself. Unlike an office or a warehouse, a construction site involves multiple employers, subcontractors, property owners, and equipment manufacturers all working in the same space. That complexity shapes every aspect of an injury claim.
Workers’ Compensation and Who Qualifies
Vermont’s workers’ compensation system, governed by Title 21, Chapter 9 of the Vermont Statutes, requires that most employers carry coverage for their employees. If you are injured on a construction site and are classified as an employee of the general contractor or a subcontractor, you are generally entitled to workers’ compensation benefits.
Those benefits typically include:
- Medical treatment coverage for surgeries, doctor visits, physical therapy, and medications
- Wage replacement at two-thirds of your average weekly wage while you are unable to work
- Permanent disability compensation if your injuries result in lasting impairment
- Vocational rehabilitation if you cannot return to your prior trade
Workers’ compensation is a no-fault system, meaning you do not have to prove that your employer was careless to receive benefits. You simply need to show that your injury arose out of and in the course of your employment.
The Third-Party Claim Advantage
Here is where construction injury claims can differ significantly from other workers’ comp situations. Because job sites involve so many parties beyond just your direct employer, you may have a claim against someone other than the company that hired you.
Under 21 V.S.A. § 624, when a third party’s negligence contributed to your injury, you can pursue a personal injury claim against that party while still receiving workers’ compensation benefits. A third party could be a different subcontractor whose crew created an unsafe condition, a property owner who failed to maintain a safe worksite, or a manufacturer whose defective equipment caused your injury.
A personal injury claim can cover losses that workers’ compensation does not, such as pain and suffering, full lost wages, and other damages. This dual path to recovery is one of the most important features of construction injury law in Vermont.
Complications to Watch For
Construction claims can face unique challenges. Employers and insurers often dispute which company is responsible for your injury or argue that you were an independent contractor rather than an employee. Independent contractors are not covered under Vermont’s workers’ compensation system, so this classification dispute can have serious consequences for your claim.
That is why it is important to act quickly after an injury. Report the accident to your employer, seek medical attention promptly, and document everything you can about how the injury happened and who was present at the site.
Contact Our Team for Guidance
Construction injury claims in Vermont can be layered and difficult to navigate on your own. If you or someone you know has been hurt on a job site, we encourage you to contact Sluka Law PLC today. Our Vermont construction injury attorneys are here to help you understand your options and pursue the compensation you may be entitled to. Call us for a free consultation.
Sources:
bls.gov/regions/northeast/news-release/fatalworkinjuries_vermont.htm
legislature.vermont.gov/statutes/section/21/009/00624
