Disclaimer: This article provides general information about Vermont law. It does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
When injuries from an accident prevent you from working in Vermont, you have several paths to recover lost wages:
1. Workers’ Compensation Benefits
If your injury occurred at work or during job duties, Vermont’s workers’ compensation system can cover your wage loss. You may receive temporary total disability (TTD) benefits equal to two-thirds of your average weekly wage, subject to statutory maximums. See 21 V.S.A. § 642. File your claim with the Vermont Department of Labor within one year of the injury.
2. Personal Injury Lawsuit
For accidents caused by another party’s negligence—such as car crashes or slip-and-fall incidents—you can sue in Vermont Superior Court. A successful suit can include past and future lost wages as part of your damages. Vermont imposes a three-year filing deadline for personal injury claims. See 12 V.S.A. § 512.
3. Short-Term Disability Insurance
If you purchased short-term disability coverage privately or through your employer, you may receive a percentage of your salary for a limited period. Review your policy for benefit amounts, waiting periods, documentation requirements and any exclusions.
4. Social Security Disability Insurance (SSDI)
If your injuries render you unable to work for at least 12 months (or result in death), you may qualify for SSDI under federal law. You must meet medical criteria and have earned sufficient work credits. The application process can take several months, and you can appeal denials.
5. Other State and Federal Programs
Vermont offers additional programs to help individuals facing financial hardship due to injury. Examples include Temporary Assistance for Needy Families (TANF) and Medicaid. These can provide supplemental support while you pursue other benefits or claims.
Helpful Hints
- Document every medical visit, diagnosis and treatment related to your injury.
- Track lost work hours, pay stubs and any other proof of income loss.
- Notify your employer promptly and comply with all workers’ compensation filing deadlines.
- Review your insurance policies for disability coverage details and claim requirements.
- Consider consulting an attorney early to understand your rights, deadlines and potential compensation.
- Remember the three-year statute of limitations under 12 V.S.A. § 512 for personal injury lawsuits.