What Is the Employer’s Role in a Vermont Workers’ Compensation Claim?

After suffering an injury while on the job in Vermont, it is crucial to understand the workers’ compensation claims process. One thing you need to know is that your employer plays a vital role in this process. Understanding your employer’s exact role in your workers’ compensation claim is crucial for protecting your rights and avoiding costly mistakes. It is vital that you understand what your employer is required to do and what they are not required to do.

Below, we break down the key responsibilities and limits of your employer’s role in a Vermont workers’ compensation claim.

Your Employer Must Carry Workers’ Compensation Insurance

Vermont law requires almost all employers to carry workers’ compensation insurance for their employees. This insurance is meant to ensure that employees injured on the job get access to medical care, wage replacement, and disability benefits. If you sustain a job-related injury, and your employer does not have workers’ compensation insurance, they could face serious consequences.

Fortunately, if your employer does not have workers’ compensation insurance, you may have other legal options for pursuing compensation.

Your Employer Must Report Your Injury

Once you report your work injury, your employer is legally required to file a First Report of Injury (Form 1) with their insurance carrier and the Vermont Department of Labor within 72 hours. This report includes details about how the injury happened, your job duties, and any lost wages. Delaying or failing to file this report can slow down or even jeopardize your claim.

Your Employer Must Cooperate With the Insurance Company

After your claim is submitted, your employer is required to cooperate with the insurance company. Your employer is required to, among other things:

• Provide information about how the injury supposedly happened
• Share your job responsibilities and work hours
• Submit wage details to determine your benefits

Employers cannot lie or misrepresent facts. They must provide truthful and accurate information.

However, it is worth mentioning that employers are not responsible for approving benefits. The insurance company makes that decision. Also, your employer is not obligated to advocate for you. Cooperation is limited to providing factual information.

Your Employer Must Assist With Return-To-Work Efforts

If your doctor places you on light duty or allows you to return to work with restrictions, your employer is required to help with return-to-work efforts. Your employer may be required to:

• Offer modified or light-duty work (if available)
• Respect your medical restrictions

Your employer is prohibited from requiring you to perform tasks that go against your doctor’s orders. Additionally, your employer cannot force you to return to work too soon.

What Your Employer Is Not Allowed To Do

While your employer is required to do many things, there are certain things they are not required to do, including:

• Approving your claim
• Paying benefits out of pocket
• Guaranteeing that you’ll return to your old job
• Finding you a new job

Your Employer Cannot Retaliate Against You

Vermont law prohibits employers from retaliating against employees for filing a workers’ compensation claim. If your employer fires you, reduces your pay or hours, demotes you, or takes another adverse employment action against you for exercising your rights, you may have a separate legal claim in addition to your workers’ compensation claim.

Contact Sluka Law Firm

If you’ve been injured while on the job, contact our experienced Vermont workers’ comp lawyer at Sluka Law PLC for help protecting your rights.