Detailed Answer
When you file a lost wage claim under Vermont’s Workers’ Compensation Act, accuracy in naming your employer is crucial. The Act requires you to identify the correct legal entity to ensure the claim proceeds smoothly. In Vermont, most employers must register their business name with the Secretary of State. Often they operate under a “doing business as” (d/b/a) name that differs from the official registered name. If you submit a claim listing only the d/b/a, the insurer or the Department of Labor’s Workers’ Compensation Division may delay processing or deny your claim until you clarify the legal name.
To address such discrepancies, first confirm the employer’s legal name through the Vermont Secretary of State’s online business search. Then, on the Workers’ Compensation Employee Claim for Compensation (Form 26), list the legal name exactly as it appears in the registry. In parentheses, you may add “d/b/a [Trade Name]” to avoid confusion. For example: Speedy Transport, Inc. (d/b/a Fast Delivery).
If you already filed using only the d/b/a, Vermont law lets you amend the claim. Under 21 V.S.A. § 601, you may correct clerical errors or omissions. Submit a written amendment to the Department’s Claims Administrator explaining the change. Attach a copy of your original form and supporting documentation, such as invoices or correspondence showing the d/b/a. Keep copies of everything for your records.
In a worst-case scenario where the insurer denies your claim due to name discrepancies, you can appeal the decision with the Vermont Department of Labor. The appeal process requires you to file a Request for Hearing within 30 days of the denial notice. During the hearing, you can present evidence of the Name discrepancy and demonstrate that the parties intended to refer to the same employer. The Hearing Officer will allow amendments to correct the legal name and proceed on the merits of your wage loss.
Key statute: 21 V.S.A. § 601 (definitions and general provisions).
Helpful Hints
- Verify the employer’s legal name on the Vermont Secretary of State’s business search portal.
- On Form 26, list the legal name first; follow with “d/b/a [Trade Name]” in parentheses.
- If you already filed, send a written amendment citing 21 V.S.A. § 601 to correct the name.
- Keep copies of all filings, correspondence, and proof of the d/b/a for your records.
- If the insurer denies your claim, file a Request for Hearing within 30 days and present evidence of the naming issue.
Disclaimer: This article is for informational purposes and does not constitute legal advice.