In Vermont, the construction industry is the backbone of our communities, building the homes, schools, and infrastructure we rely on every day. However, this vital work comes with significant risks, and construction workers often face dangerous conditions that can lead to serious injuries. Construction sites are inherently dangerous. According to the U.S. Bureau of Labor Statistics, in 2022, the construction industry accounted for approximately 20% of all workplace fatalities nationwide, despite employing only about 6% of the workforce. In Vermont, the numbers reflect a similar trend, with construction injuries making up a significant portion of workers' compensation claims. If you or a loved one has experienced a construction-related injury, it's natural to feel overwhelmed and uncertain about the next steps to take.

Navigating the workers' compensation process can be complex, especially when you're dealing with the physical, emotional, and financial impact of an injury. Vermont's workers' compensation system is designed to provide financial assistance to injured workers, but the path to securing these benefits isn't always straightforward. This guide aims to break down the process and offer guidance on what to expect and how to protect your rights as a worker in Vermont.

What Types of Injuries Are Covered Under Vermont’s Workers’ Compensation for Construction Workers?

Vermont's workers' compensation system is designed to protect construction workers who suffer injuries on the job. Understanding the types of injuries covered under this system is important for workers who find themselves dealing with the aftermath of a workplace accident.

Physical Injuries: The most common injuries covered by Vermont's workers' compensation system are physical injuries that occur during the course of employment. This includes injuries from accidents such as falls from ladders or scaffolding, being struck by falling objects, or getting caught in or between machinery. Common physical injuries in construction include broken bones, sprains, strains, lacerations, and traumatic injuries like head trauma or spinal cord injuries. These types of injuries are generally straightforward to link to workplace activities, making them clearly eligible for compensation.

Repetitive Stress Injuries: In addition to acute physical injuries, Vermont's workers' compensation system also covers repetitive stress injuries (RSIs), which can develop over time due to the nature of construction work. Tasks that require repetitive motions, such as using power tools, heavy lifting, or constant kneeling, can lead to conditions like carpal tunnel syndrome, tendinitis, or chronic back pain. Although these injuries may not result from a single incident, they are still compensable if they are directly related to the demands of the job.

Occupational Illnesses: Workers' compensation in Vermont also covers occupational illnesses—health conditions that develop as a direct result of exposure to hazardous materials or environments on the job. Construction workers are often exposed to harmful substances like asbestos, silica dust, and chemical fumes, which can lead to serious illnesses such as respiratory conditions, mesothelioma, or chemical burns. If an illness can be traced back to workplace exposure, it is likely to be covered by workers' compensation.

Aggravation of Pre-existing Conditions: If a worker has a pre-existing condition that is worsened or aggravated by their job duties, this too can be covered under Vermont's workers' compensation system. For example, if a worker with a previous back injury experiences a significant worsening of their condition due to heavy lifting on the job, they may be eligible for compensation.

How Does Vermont’s Workers’ Compensation System Work for Construction Accidents?

Vermont's workers' compensation system is designed to protect construction workers who are injured on the job by providing them with necessary medical care and financial support while they recover. Understanding how this system works and what steps to take after an accident can help you navigate the process and ensure that you receive the benefits you’re entitled to if you suffer an injury while working in construction.

Step 1: Immediate Reporting and Medical Attention

The first step in the workers' compensation process is reporting your injury to your employer as soon as possible. In Vermont, you have 72 hours to report the injury to your employer. It is imperative to immediately report incidents, as they initiate the workers' compensation claim. After reporting the injury, seek immediate medical attention. Your employer may direct you to a specific healthcare provider, but you also have the right to seek care from a doctor of your choice after the initial visit.

Step 2: Filing the Claim

Once the injury is reported, your employer is responsible for filing a First Report of Injury with the Vermont Department of Labor. This document formally starts the workers' compensation process. The employer’s workers' compensation insurance carrier will then review the report and decide whether to approve or deny your claim. If approved, you will begin receiving benefits, which can include coverage for medical expenses, temporary disability payments, and vocational rehabilitation if necessary.

Step 3: Receiving Benefits:

If your claim is approved, Vermont’s workers' compensation system provides several types of benefits depending on the severity and nature of your injury:

• Medical Benefits: One of the primary benefits of filing a construction injury claim in Vermont is coverage for medical expenses related to your injury. This includes all necessary and reasonable treatments, such as doctor visits, surgeries, hospital stays, medications, physical therapy, and any other medical care that your healthcare provider deems necessary for your recovery. The workers' compensation system will typically cover these costs directly, ensuring that you do not have to pay out of pocket for your medical care.
  
• Wage Replacement: If your injury prevents you from working, you may be eligible for wage replacement benefits. In Vermont, these are typically known as Temporary Total Disability (TTD) benefits. If you are unable to work at all due to your injury, TTD benefits will provide you with a portion of your lost wages—generally about two-thirds of your average weekly wage, subject to a state-mandated maximum. These benefits are designed to help you manage your living expenses while you are unable to work.
  
• Temporary Partial Disability Benefits: If you can return to work but cannot earn as much as you did before your injury due to limitations, you may be eligible for Temporary Partial Disability (TPD) benefits. These benefits make up a portion of the difference between your pre-injury wages and your current earnings.
  
• Permanent Disability Benefits: If your injury results in a permanent disability, you may be eligible for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. PPD benefits are for workers who have a permanent impairment but can still work in some capacity. PTD benefits are for those who are completely unable to return to any form of gainful employment due to their injury. These benefits provide ongoing financial support, which may be paid out in a lump sum or over time.
  
• Vocational Rehabilitation: If your injury prevents you from returning to your previous job, Vermont’s workers' compensation system offers vocational rehabilitation services. These services help you develop new skills, undergo training, or find a new job that accommodates your physical limitations. The goal is to help you re-enter the workforce in a capacity that suits your post-injury abilities.
  
• Death Benefits: In the tragic event that a construction worker dies as a result of a workplace injury, Vermont’s workers' compensation system provides death benefits to the worker’s dependents. These benefits typically include compensation for funeral expenses and ongoing financial support for the worker’s spouse and minor children.

Step 4: Handling Workers’ Compensation Claim Denials and Appeals

If your claim is denied or if there is a dispute over the benefits provided, you have the right to appeal the decision. The appeals process typically involves requesting a hearing with the Vermont Department of Labor, where you can present evidence and argue your case. It’s advisable to seek legal representation if you face a denial or dispute, as the process can be complex and challenging.

Step 5: Returning to Work

Once you are medically cleared to return to work, the workers' compensation system encourages a safe and timely return. Depending on your recovery, you may return to your previous role, or you may need to transition to a different position that accommodates any lasting limitations from your injury

Do I Need a Lawyer to File a Construction Injury Claim in Vermont?

Filing a construction injury claim in Vermont is a process that many workers can navigate on their own, particularly if the injury is straightforward and the claim is approved without complications. However, there are several situations where having a lawyer can be highly beneficial, if not essential, to ensure that you receive the full benefits you are entitled to.

Navigating Complex Claims: If your construction injury is severe, involves long-term or permanent disability, or if there is a dispute about the extent of your injury, a lawyer’s expertise can be invaluable. Construction injury claims can quickly become complex, especially when it comes to proving the extent of your injuries, calculating the correct amount of benefits, or dealing with disputes about whether the injury is work-related. An experienced Vermont workers' compensation attorney can help gather the necessary evidence, work with medical experts, and present a compelling case to the insurance company or in a hearing.

Handling Claim Denials and Disputes: Unfortunately, not all workers' compensation claims are approved without issues. If your claim is denied or if the insurance company disputes the severity of your injury, the amount of benefits, or other aspects of your case, you have the right to appeal the decision. Navigating the appeals process can be challenging, requiring a deep understanding of Vermont’s workers' compensation laws and procedures. A lawyer can represent you during this process, increasing your chances of a successful outcome.

Protecting Against Retaliation: In some cases, workers may fear retaliation from their employer for filing a workers' compensation claim, such as being demoted, harassed, or even wrongfully terminated. A lawyer can help protect your rights and take action if any form of retaliation occurs, ensuring that you can pursue your claim without fear of losing your job or facing other negative consequences.

Maximizing Your Benefits: Even when a claim is approved, there can be discrepancies in the benefits offered. A lawyer can help ensure that all your medical expenses are covered, that you receive the correct amount of wage replacement benefits, and that any long-term or permanent disability is appropriately compensated. They can also advise you on whether a lump-sum settlement is in your best interest or if ongoing benefits would be more beneficial in the long run.

Peace of Mind: Filing a construction injury claim can be stressful, especially when you’re dealing with the pain and disruption of an injury. Hiring a lawyer allows you to focus on your recovery while knowing that your legal matters are being handled by a professional who is looking out for your best interests.

If your injury is severe, your claim is disputed, or if you simply want the peace of mind that comes from knowing your case is being managed by an expert, consulting with a workers' compensation attorney can be a wise decision. A lawyer’s guidance can help ensure that you receive the full benefits you deserve, allowing you to focus on your recovery.

Brandon J. Broderick: Dedicated Legal Help for Vermont Construction Accident Victims Seeking Fair Compensation.

If you've been injured in a construction accident in Vermont, we understand how stressful and painful this experience can be. The physical and emotional toll of such an injury can disrupt your life in ways you never expected. Brandon J. Broderick, Attorney at Law, is here to stand by your side every step of the way. You don’t have to face this challenging time alone—we are dedicated to providing the compassionate and legal support that you require to navigate the complexities of your case and ensure you receive the compensation you deserve.

Your recovery should be your primary focus right now, not the stress of dealing with insurance companies or understanding legal jargon. Let us take that burden off your shoulders. With our experience in handling construction injury claims, we are committed to fighting for your rights and helping you rebuild your life after this devastating event. Contact Brandon J. Broderick today, and let us help you find a path forward with the care and dedication you deserve.