Disclaimer: This article provides general information and is not legal advice. For guidance on your specific situation, consult a licensed attorney.
Detailed Answer
1. Identify Your Claim Type
First, determine whether your injury qualifies for a workers’ compensation claim or a third-party (personal injury) claim. If you were injured while performing job duties, file a workers’ compensation claim. If someone other than your employer caused your injury, you can pursue a personal injury claim for lost wages.
2. Calculate Your Average Weekly Wage (AWW)
Under Vermont law, the AWW equals the sum of your average weekly earnings from all concurrent jobs at the time of injury. Combine wages, tips, bonuses, and other remuneration from each employer. Vermont law defines this calculation in 21 V.S.A. §640. Insurers use this AWW to determine your lost wage benefits.
3. Filing a Workers’ Compensation Claim
To file for lost wage benefits under the Vermont Workers’ Compensation Act:
- Notify each employer of your injury in writing within 30 days of the incident.
- Your employer must file an Employer’s First Report with the Vermont Department of Labor.
- If the insurer denies benefits or delays payment, you may submit a petition for benefits to the Vermont Department of Labor’s Workers’ Compensation Division.
- Wage replacement benefits equal two-thirds (2/3) of your AWW as defined in 21 V.S.A. §640.
- Keep in mind the notice requirement and limitation period under 21 V.S.A. §671.
4. Pursuing a Third-Party or Personal Injury Claim
If a non-employer caused your injury, you can recover lost wages as part of your damages:
- Document all earnings from each job with paystubs, W-2 forms and tax returns.
- Send a demand letter to the at-fault party or their insurer, detailing your medical treatment and wage loss.
- If negotiations fail, file a personal injury lawsuit in the Vermont Civil Division. Note the three-year statute of limitations under 12 V.S.A. §512.
Helpful Hints
- Gather pay records from all employers dating back at least one year before your injury.
- Keep a detailed injury journal, noting missed shifts and reduced work hours.
- Notify each employer in writing and request written confirmation of your notice.
- Consult the Vermont Department of Labor’s Workers’ Compensation Division website for forms and guidance.
- Consider consulting an attorney if the insurer disputes your average weekly wage calculations or delays payment.