Detailed Answer
If you cannot work due to injuries from an accident, Vermont law provides several pathways to recover lost wages. Which option applies depends on the accident’s context—whether it occurred at work, in a car crash, or due to someone else’s negligence—and on available insurance or disability benefits.
1. Workers’ Compensation Benefits
If your injury occurred on the job, you may qualify for workers’ compensation under Vermont law. Benefits include partial wage replacement—typically two-thirds of your average weekly wage—subject to statutory maximums. Benefits continue during temporary total disability and may convert to permanent disability payments if you cannot fully return to work.
See 21 V.S.A. § 642: legislature.vermont.gov/statutes/section/21/009/00642.
2. Personal Injury (Third-Party) Claims
If a third party’s negligence caused your injuries—such as a slip at a store or a defective product—you can file a personal injury lawsuit. Vermont courts allow recovery for past lost earnings and anticipated future earnings losses. You can also seek compensation for medical bills and pain and suffering. Vermont imposes a three-year deadline for such claims under 12 V.S.A. § 512.
12 V.S.A. § 512: legislature.vermont.gov/statutes/section/12/021/00512.
3. Auto Insurance Personal Injury Protection (PIP)
In Vermont, all auto policies must include Personal Injury Protection (PIP). PIP covers a percentage of your lost wages—often 80%—up to a weekly limit, regardless of who was at fault. You can file a PIP claim with your insurer immediately after an auto collision.
Learn more: dfr.vermont.gov/insurance/auto-owners/personal-injury-protection.
4. Private Disability Insurance
Many employers offer short-term and long-term disability plans that pay a portion of your wages when you are medically unable to work. Review your policy for coverage details, benefit percentages, elimination periods and maximum durations.
5. Federal Social Security Disability Benefits
If your injuries cause long-term or permanent disability, you may apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). These federal programs provide monthly payments once you meet medical and work-history requirements.
Visit SSA: ssa.gov/disability.
6. Family and Medical Leave and Employer Accommodations
Under the federal Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave. Some employers also grant paid sick time or vacation time. Discuss accommodations and leave options with your human resources department.
Helpful Hints
- Report injuries promptly to your employer or insurer to preserve your rights.
- Keep detailed records of medical visits, wage statements and treatment plans.
- Review insurance policies for coverage limits and exclusions.
- Observe all filing deadlines: workers’ comp reports, PIP claims and lawsuit statutes of limitations.
- Consider consulting a personal injury attorney to evaluate third-party claims.
- Apply early for SSDI or SSI if your condition is expected to be long-term or permanent.