Vermont Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Vermont's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Vermont's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Vermont.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
Vermont's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers may be permitted.
Special Employment Situations
Most agricultural employers must provide worker's compensation coverage to their employees. Employers may provide voluntary worker's compensation coverage for domestic servants.
Medical Benefits & Choice of Physician
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the initial physician who will provide care, with the employee obtaining free choice of provider after a period defined by law.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue until the worker reaches maximum medical improvement.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD may continue for life with a minimum of 330 weeks.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD continue per rating according to the most recent edition of the AMA guidelines.
Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
Benefits may be available for disfigurement resulting in permanent impairment of function.
Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available, and there is limited reimbursement for out-of-state transporation of the decedent to the place of burial.
Limits on Attorney Fees
Attorney fees for claimants are limited by policy to an hourly rate of $90, or to 20% with a $9,000 maximum fee. In certain cases, the attorney fee may be added to the award.
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