The Vermont statute covering WC payments is Title 21 (‘Labor’) Chapter 9 (‘Employer’s Liability And Workers’ Compensation’) Sections 601-711.

• •

  An additional $10 per week per dependent child under 21 is paid with all of the periodic WC types described below (before 07/01/1982, this amount was $5).

• •

  All periodic WC is subject to State minimum and maximum amounts. There are 2 State maximums; one for injuries before 07/01/1986 and one for injuries after 06/30/1986. The maximum amounts for the older injuries are smaller.

Anyone receiving periodic WC on July 1 is entitled to an increase in his WC rate, within the limits set by the law governing COLAs (21 V.S.A. 650d, Rule 16) as follows:

• •

  TT: The cost of living increase cannot cause the WC to exceed the worker’s average weekly wage or weekly net income, whichever was less.

• •

  TP: The cost of living increase must be adjusted weekly if the worker's wages vary from week to week. Dependency benefits are not included in the amount increased.

• •

  PP: The cost of living increase cannot cause the WC to exceed the average weekly wage, and dependency benefits are not included in the amount increased.

• •

  Minimum or Maximum WC rate being paid: The new minimum and maximum rates are set each year (and are shown on the Form 28).

Attorney fees for claimants are limited by policy to $90.00 per hour, or to 20 percent with a $9,000.00 maximum. In some cases the fee may be added to the WC award.

Vermont does not offset their WC for RIB.

A worker has 6 months from the date of injury to file a WC claim. A worker may only pursue a claim after the 6 month limit if he can show that the employer/carrier had knowledge of the accident or was not prejudiced by the delay. In no event may proceedings be started more than 6 years from the date of injury.

Once approved by the WC Division, Vermont WC forms awarding payments become binding agreements and (absent evidence of fraud or material mistake of fact) the parties are deemed to have waived their right to contest them. A claimant's failure or refusal to sign a compensation agreement offered by the employer does not preclude his right to continuing compensation benefits.

1. 1. 

   Form 2, Denial of Workers’ Compensation Benefits by Employer or Carrier: This form is sent to the worker when his claim is denied, and can be used to appeal that denial.

2. 2. 

   Form 10/10s, Certificate of Dependency and Employee Exemption Report: This form must be filed by any worker claiming WC indemnity payments, even when he has no dependents. It is used to determine his right to the additional weekly WC of $10.00 for each dependent child under 21.

3. 3. 

   Form 13, Report of Benefits and Related Expenses Paid: This form is filed on about July 1 each year, and also within 60 days after the final payment of medical or indemnity benefits. It specifically states the WC amounts paid to date.

4. 4. 

   Form 16, Compromise Agreement (Full and Final): This form is used to settle disputes over the compensability of a claim or the extent of benefits due. Once executed by the parties and approved by the WC commissioner, it relieves the employer of all further liability for WC benefits related to the injury.

5. 5. 

   Form 22, Agreement for Permanent Partial Disability: Used when the worker is deemed to have suffered a permanent impairment as a result of his work-related injury or occupational disease.

6. 6. 

   Form 25M, Memorandum of Payment: This form must be filed whenever a worker receives more than 90 calendar days of continuous TT.

7. 7. 

   Form 27, Notice of Intention to Discontinue Payments: Once the carrier determines that the worker has reached maximum medical improvement and so is no longer entitled to either TT or TP WC, they are required by law to notify both the worker and the WC Department of their intention to discontinue weekly temporary benefits by filing this form. Temporary WC cannot be terminated until this form is received by both the WC commissioner and the claimant. If the claimant is represented by counsel, a copy of the notice must also be sent to his attorney. A determination must then be made within 45 days as to whether the claimant has any permanent impairment as a result of the work injury.

8. 8. 

   Form 28 and Form 28a, Notice of Change in Compensation Rate: These forms are issued each year for the COLA increases in the weekly WC rates beginning July 1. Form 28 is used for injuries after 7/1/1986 and Form 28a is used for injuries before 7/1/1986.

9. 9. 

   Form 32, Agreement for Temporary Compensation: In all cases in which temporary total and/or temporary partial disability benefits are owed, the employer or insurance carrier shall enter into an Agreement for Temporary Compensation (Form 32) with the injured worker, and shall begin paying benefits immediately. Once executed by the parties, the completed Agreement shall be filed with the Commissioner for review and approval.

• •

  Form 2 - Denial of Workers' Compensation Benefits by Employer or Carrier

• •

  Form 10/10s - Certificate of Dependency and Employee Exemption Report

• •

  Form 13 - Report of Benefits and Related Expenses Paid

• •

  Form 16 - Compromise Agreement

• •

  Form 22 - Agreement for Permanent Partial Disability Compensation

• •

  Form 25M - Memordum of Payment

• •

  Form 27 - Notice of Intention to Discontinue Payments

• •

  Form 28 - Notice of Change in Compensation Rate

• •

  Form 28A

• •

  Form 32 - Agreement for Temporary Compensation

• •

  Vermont WC Website

• •

  Chart of Minimum and Maximum WC Rates

• •

  VT WC Law

• •

  Vermont WC Rules 1-46

• •

  Employers' Workers' Compensation Insurance Coverage Verification

• •