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Vermont Workers’ Comp Lawyer > Blog > Workers Compensation > What Is a Form 6 in Vermont, and When Do I Need To File One?

What Is a Form 6 in Vermont, and When Do I Need To File One?

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If you have suffered work-related injuries in Vermont, you might find the workers’ compensation claims process daunting. This is especially true if disagreements arise between you and your employer or their insurance company. The good news is that in such a case, you are not without options. The Vermont workers’ compensation system provides injured employees with tools for handling disagreements between them and their employer or the insurance company. One of the key tools available to you is Form 6, also called the Notice and Application for Hearing. It is vital that you understand what this form is, its importance, and when you can file it.

What Is Form 6?

Form 6, also called the Notice and Application for Hearing, is an official Department of Labor (DOL) document used in Vermont in workers’ compensation cases. The purpose of this form is to request a hearing with the DOL regarding an issue pertaining to your case. It is primarily used to initiate the dispute resolution process when you and your employer or the insurance company cannot agree on a particular issue within your workers’ compensation claim.

The Notice and Application for Hearing form is an appeal-like tool, which you use when you have tried to resolve your workers’ compensation claim informally and failed. Once you submit Form 6 to the DOL, the department will review your request and schedule a hearing if it deems it necessary. At this hearing, you and the other side (your employer or the insurance company) will present evidence, testimony, and arguments before a hearing officer who will then issue a decision.

However, while the DOL can and does allow a formal hearing, usually, parties are ordered and encouraged to attend mediation first. Mediation is a process where you and your employer or the insurance company work with a neutral third party (the mediator) to reach a mutually acceptable solution. If mediation is unsuccessful, you may proceed to the formal hearing.

In Vermont, you have the right to request a formal hearing when disputes arise during the workers’ compensation claims process. This right ensures you can voice your concerns and you have a chance to contest any decisions that adversely impact your benefits. Additionally, Form 6 can help,

  • Prevent delays in receiving critical benefits
  • Create an official record of your disputes with your employer or the insurance company

When Do You Need To File Form 6?

There are several situations where you should consider filing Form 6, including the following;

  • There are disputes over the nature or extent of your injury
  • Your employer or the insurance company is refusing to authorize necessary medical treatment
  • Your claim is denied
  • There is a disagreement over your benefits
  • Your benefits are terminated unexpectedly
  • There is a disagreement on your permanent impairment rating

The Filing Deadline

There is generally no deadline for filing a Form 6, since it is a form used when a dispute or denial has arisen.  However, there is a deadline for filing the initial workers’ compensation claim. According to Vermont workers’ compensation law, you must file your workers’ compensation claim within six months after the injury date. If you miss this deadline, your claim may be permanently barred.

Contact Us for Legal Help

If you need help determining whether to file Form 6 or how to proceed, contact our experienced Vermont workers’ compensation attorney at Sluka Law PLC for a case evaluation.

Source:

labor.vermont.gov/sites/labor/files/doc_library/Form%206%20%E2%80%93%20Notice%20and%20Application%20for%20Hearing%20%E2%80%93%20rev%209-11.pdf

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