Workers' Compensation Claims in Vermont

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.

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.

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.

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.

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

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.

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 Vermont.