Detailed Answer
If you’ve been injured at work in Vermont and aren’t sure whether a workers’ compensation claim has been filed on your behalf, you can follow several steps to confirm it. Under Vermont law, employers must report work-related injuries to their insurer and to the Department of Labor’s Workers’ Compensation Division. You have the right to know if your employer or its insurance carrier has initiated a claim for benefits.
1. Employer and Insurer Reporting Requirements
Vermont statute requires that employers report an injury to the Commissioner of Labor within 20 days of learning about it (see 21 V.S.A. § 602). Employers also must notify their workers’ compensation insurer immediately. If your employer fails to report, you can notify the insurer directly or file a claim yourself.
2. Contact Your Employer’s HR or Safety Office
Reach out in writing (email is fine) to your human resources department or safety officer. Ask for confirmation that the injury has been reported and for the insurer’s name and claim number. This gives you documentation of your request.
3. Check with the Insurance Carrier
Once you have the insurer’s name, call their claims department. Provide your name, date of injury, and employer. The insurer can confirm whether a claim was opened and give you the claim number. They can also share the adjuster’s contact information.
4. Verify Through the Vermont Department of Labor
You can contact the Workers’ Compensation Division directly. Provide your name, date of injury, and employer. They can tell you if they’ve received a Report of Injury (Form 4) or an Application for Benefits (Form 1).
Vermont Department of Labor – Workers’ Compensation
5. File Your Own Claim If Necessary
If you discover no claim exists, you may file an Application for Benefits yourself using Form 1. Submit it to your employer and the Workers’ Compensation Division per 21 V.S.A. § 622. This ensures your rights are protected even if your employer missed the deadline.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Keep copies of all correspondence with your employer and insurer.
- Note dates and times of phone calls and the names of representatives you speak with.
- Ask your employer for a written acknowledgement when you report an injury.
- Review your pay stubs for lost-time payments or reimbursement entries.
- If you hit any roadblocks, consider contacting the Vermont Bar Association’s referral service for a workers’ compensation attorney.