Whether it's a slip-and-fall, heavy machinery accident, being struck by a falling object, vehicle accident, or another type of accident, you should not be responsible for medical expenses and lost wages if you are injured while on the job. Many Vermont employees are eligible for workers' compensation benefits.
The workers' compensation insurance of a Vermont employer covers at least a portion of the costs associated with your injuries, such as medical expenses and lost wages. Workers' compensation is a no-fault system, which means that employees can collect benefits regardless of who caused the accident. By filing a claim for workers' compensation in Vermont, employees are generally barred from filing a separate suit against their employer. There are, however, a few instances in which employees may sue their employers for work-related illnesses and injuries.
The Primary Differences Between a Vermont Injury Lawsuit and Workers Compensation
Generally, Vermont workers' compensation benefits cover all medical expenses resulting from a work-related injury or illness. In addition, workers' compensation covers a portion of your income while you recover from your work injury. However, this income benefit does not fully replace your income and is subject to a state-mandated maximum. This frequently leaves injured workers without sufficient compensation to maintain their financial stability.
By filing a lawsuit for personal injury, the victim can collect compensation for damages that exceed the limits of Vermont's workers' compensation system. A claim or lawsuit for personal injury may seek compensation for the total amount of lost income. In some instances, it may also include compensation for non-economic damages, such as pain and suffering, as well as punitive damages. Some of the circumstances under which you are allowed to file a lawsuit against your employer for work-related injuries are listed below.
Your Employer Does Not Have Workers' Compensation Insurance or Does Not Have Sufficient Coverage
Vermont's workers' compensation program is mandated by law. Employers in Vermont are required by law to provide workers' compensation insurance coverage for their employees. If they do not, you may be able to sue your employer for damages related to your work-related injury or illness. In addition, the law considers failure to maintain workers' compensation insurance to be a serious offense with severe fines and penalties.
Employer Intentional Acts
You may be able to file a lawsuit against your employer for harm caused by their intentional actions if they acted with the specific intent to cause you harm. In Vermont, proving intentional harm in the context of a workplace injury is difficult, but not impossible. Employers who take a shortcut or remove a safety guard from a piece of equipment to save money or time are a common example. You may be able to file a lawsuit against them due to their blatant and deliberate negligence. However, bear in mind that mere negligence is insufficient. The act must be intentional.
Lawsuits Against Third Parties in Vermont
In some instances, you may be able to sue a third party in addition to your employer who contributed to your injury. Vehicle accidents are common examples of third-party lawsuits filed in addition to workers' compensation claims. For instance, suppose you were injured in a work-related car accident caused by defective brakes on your work vehicle. In such a case, in addition to filing a workers' compensation claim, you might be able to sue the manufacturer of those brakes. Other possible liable third parties include property owners, general contractors, and individuals.
In Vermont, you have the right to file a claim for benefits following a work-related injury; however, the process of actually obtaining benefits presents a significant challenge for the majority of individuals. An experienced Vermont workers' compensation attorney can handle your case and ensure that you receive the necessary benefits to recover from your injury and return to work.
Let Brandon J. Broderick Workers Compensation & Personal Injury Attorneys Assist You
At Brandon J. Broderick, Attorney at Law, we are committed to assisting Vermont clients with workers' compensation and personal injury matters. We have the years of experience and extensive resources necessary to secure a favorable outcome for your case. If you or a loved one has been injured on the job, contact us as soon as possible to discuss your options.