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Can a Lawyer Help With Workers’ Compensation in Burlington, Vermont? - workers comp forms

Can a Lawyer Help With Workers’ Compensation in Burlington, Vermont?

Burlington, VT Workers’ Compensation Lawyers

47 Maple Street, Suite 104D
Burlington, VT 05401


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Burlington, VT Workers’ Compensation Lawyers

Knowing what you are entitled to can be confusing when you get hurt at work. Although most employers must have workers’ comp insurance in Burlington, an employer or insurance company may be looking after their bottom line. You may require a skilled attorney in your corner, looking out for your best interests and fighting for what you deserve. 

If you suffer an injury at work, you could be entitled to benefits such as income loss, medical expenses, and others. However, some workers’ comp claims fail at the first hurdle. If this has happened to you, Morgan & Morgan has your back. 

If you are hurt at work, you deserve to be treated fairly. Our committed and qualified workers’ comp attorneys can help with complex claims and appeals against claim denials. We leave no stone unturned in fighting for what you deserve. Contact us now for a free case review to determine how we could help.

Hurt at Work in Burlington, Vermont? Here’s What You Should Do 

Most employees know that workers’ comp is there for them if they get hurt. However, there are some steps workers should take to protect their rights and ensure they have the best chance of receiving adequate workers’ comp benefits. 

Report Your Work Injury Immediately

According to the State of Vermont Department of Labor, you must report your work injury to your employer at once or as soon as you notice the injury or condition. Your employer should then file a claim with their insurer and provide you with a copy of the document. You only have six months to file a workers’ comp claim in Vermont. The time starts ticking down on the day you discover your injury or illness.  

See a Doctor Promptly

Seeing a doctor for your injuries is crucial for a workers’ comp claim. You may have to visit a doctor of your employer’s choice for the first visit. However, you can choose your own doctors for any subsequent visits and medical procedures. Seeking medical help as soon as possible can aid your recovery and provide you with a medical report, which is crucial for your benefit claim. 

Contact an Attorney

If you have a significant or life-changing injury, consider contacting an attorney to clarify your options. An attorney can assist you with a complex workers’ comp claim and help you receive what you deserve. Moreover, you may be able to seek additional compensation, depending on the circumstances of your accident. For example, if someone other than your employer caused your accident and injury, you could have legal recourse. 

Filing a third-party lawsuit could allow you to recover additional damages which are unavailable with workers’ compensation, such as pain and suffering or loss of life quality. Getting legal advice to assess all your options can be an excellent idea if you suffer a severe injury. 

Vermont Workers’ Compensation Benefits Explained

Depending on your injury, you could be entitled to the following benefits if you get hurt at work in Burlington: 

Medical Benefits

In Vermont, workers’ comp should pay for “reasonable and necessary” medical expenses related to your work injury, which can include:

  • Doctor visits
  • Hospital stays
  • Emergency treatment
  • Physical therapy
  • Medications
  • Medical devices
  • Chiropractic treatments 
  • Psychological counseling

Wage Replacement Benefits

Wage replacement benefits are also known as temporary disability benefits and can replace most of your lost wages while recovering from a work-related injury. 

TTD Benefits

If you cannot work at all during your recovery, you could receive temporary total disability compensation (TTD). TTD benefits are usually two-thirds of your weekly wage.

TPD Benefits

If you can work in a reduced capacity during recovery, you could receive temporary partial disability benefits (TPD). If you qualify for TPD, you receive up to two-thirds of the difference between your ordinary full-time pay and your reduced capacity part-time pay during recovery.

If you have dependent children, you can additionally receive $10 per week for each child.

Permanent Impairment Benefits

If you are permanently disabled due to a work injury, you could be entitled to additional compensation once your TTD benefits end. You could receive smaller periodic payments or a lump sum for permanent impairment.

Vocational Rehabilitation Benefits

If you are unable to return to your previous job due to a work injury, you could be entitled to vocational rehabilitation help, such as:

  • Job placement
  • Further education
  • On-the-job training 

Death Benefits

If a worker dies due to a work injury in Vermont, surviving close family members may qualify for death benefits, such as burial expenses and income replacement benefits.

Choosing an Attorney for a Workers’ Comp Claim in Burlington

Essential factors to consider when hiring a workers’ comp attorney include:

Experience

A great workers’ comp attorney should have a solid track record and years of experience with workers’ comp claims in Vermont. During the first consultation, ask your potential lawyer questions about their past results and experience with workers’ comp claims. You will want to hire an attorney experienced in settlement negotiations, workers’ comp hearings, and workers’ comp trials.

Communication Skills

It is crucial that your attorney has excellent communication skills, updates you frequently on the progress of your case, and can explain complicated documents in layperson’s terms. If the firm or attorney is not communicating effectively with you now, you might have an indication about how they will handle your claim. 

Past Clients Feedback

Make sure you check out any client reviews about your prospective attorney. While it can be impossible to satisfy all clients all of the time, a successful attorney or law firm will have overwhelmingly positive reviews. 

How Can Morgan & Morgan Help?

Workers' comp claims and laws can be complex and confusing. Missing a deadline or making a mistake in the appeals process could invalidate your entire claim. However, with Morgan & Morgan by your side, you do not have to worry about making mistakes, misunderstanding the legalese, or missing any deadlines. We will manage the entire claims process for you and ensure that your paperwork is filed correctly and on time. We can:

  • Prepare and coach you for hearings in front of the judge
  • Fight a denied claim 
  • Dispute an inadequate settlement amount
  • Communicate and negotiate with the insurer
  • Gather evidence for your injuries, such as medical reports
  • Dispute an unfair impairment rating

It is important to remember that the insurance company is not on your side, and its priority will be to preserve profits. However, our attorneys are on your side and want you to get the full value of your claim. Moreover, we will assess whether you could be entitled to additional benefits, including disability insurance payments, vocational assistance, and social security benefits. Unlike the insurance company, our priority is ensuring that you get what you need to get your life back on track and get back on your feet. 

Free Case Evaluation

Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.

FAQ

Morgan & Morgan

  • My Employer Does Not Have Workers’ Comp Insurance; What Should I Do?

    Almost all employers in Vermont must carry workers’ comp insurance. However, the following workers generally do not qualify for workers’ comp:

    • Independent contractors
    • Casual workers
    • Certain elected officials and volunteers
    • Sole proprietors

    However, if your employer does not have workers’ comp insurance and you are an ordinary employee, you could have legal recourse. Workers’ comp insurance does not only provide benefits to employees but also shields employers from lawsuits. Therefore, you could take an uninsured employer to court for any damages arising from a work injury. 

    Filing a Lawsuit Against Your Employer

    You could potentially sue if your employer does not have workers’ comp insurance and negligently caused your injury or health condition. Examples of reasons for filing lawsuits against employers can include:

    • Failure to provide a safe work environment or safety gear
    • Negligent training or lack of supervision 
    • Exposure to toxic substances
    • Slips and falls due to hazardous conditions
    • Defective work equipment or vehicles

    If you got hurt at work and cannot file a workers’ comp claim, consider contacting an attorney to determine your next best steps.

  • Do I Need a Lawyer to Help With My Workers’ Comp Claim in Burlington?

    Not every injured employee requires the help of an attorney to receive workers’ comp. However, if your claim is complex or has already been denied, working with a lawyer can be advantageous and help you get the benefits you need. Reasons for hiring a lawyer to help with your claim include:

    • Your employer or insurer disputes that your injury happened at work
    • An employer or insurer severely delays your claim
    • You are filing for Social Security Disability benefits
    • You experienced a disability affecting your return to work
    • The insurer denies your claim entirely
    • You need to file an appeal and attend a hearing
    • The settlement offer is too low to cover your medical bills and wage losses
    • You have a preexisting condition complicating the workers’ comp claim
    • You could file a lawsuit against a third party responsible for your accident

    Morgan & Morgan’s attorneys have been handling workers’ compensation claims for decades, fighting hard for the rights of injured workers. We know the tricks insurance companies play to try and minimize or deny rightful claims.

  • What Are My Next Best Steps After a Workers’ Comp Claim Denial in Burlington?

    If your claim was denied, you should speak to an attorney right away to clarify your options. The appeals process can be complicated and lengthy, and getting a lawyer on your side can be essential for getting what you deserve. Reasons why a workers’ comp claim may be denied can include:

    • You did not receive medical treatment.
    • Your employer disputes your claim
    • There is not enough medical evidence for your injury
    • You did not report your injury in time or filed a claim after the deadline had passed

    Our dedicated workers’ comp attorney could help you gather the necessary evidence to prove your claim and might be able to get your case reopened.

  • My Employer Retaliated Against Me After Filing a Claim; What Can I Do?

    Retaliation for filing a workers’ compensation claim is illegal. However, employers may still target employees and wrongfully terminate them, demote them, or take other adverse employment actions. If this has happened to you, you should speak to an attorney and assert your rights as soon as possible. You could qualify for damages such as reinstatement into your position, lost back pay, and others.

  • Which Work Accidents and Injuries Are Not Covered by Workers’ Comp?

    While workers’ compensation generally kicks in if you suffer a work-related condition or injury, there are some instances when workers may not qualify for the program, including: 

    • Injuries resulting from physical violence and fights at work
    • Injuries occurring while traveling to and from work
    • Alcohol or drug-induced injuries
  • How Much Does a Workers’ Comp Attorney Cost?

    It is essential to discuss the fee structure with your potential attorney upfront, as every firm handles fees differently. Morgan & Morgan doesn’t charge clients a dime upfront. We don’t want you to worry about out-of-pocket expenses or hidden costs when you might be going through one of the most challenging times in your life. When we take your case, you pay nothing until we win and recover a settlement for you. Moreover, in some workers’ comp cases, clients do not have to pay any attorney’s fees at all as the employer’s insurance company may be ordered to pay all legal fees and expenses in addition to compensation.

  • Morgan & Morgan Fights for Vermont’s Workers’ Rights

    A severe work injury can change your entire life. At the very least, you deserve adequate medical care and wage replacement benefits after suffering a work injury. Unfortunately, workers’ comp claims are not always straightforward. However, Morgan & Morgan can be here for you if you are struggling to receive your due after getting hurt at work. 

    Our attorneys want nothing more than help you get all the benefits you deserve and hold unethical employers or insurance companies accountable. Contact us today to schedule a free, no-obligation consultation to find out how we can help you with a workers’ comp claim in Burlington.

Last updated on May 23, 2022