Injured workers can navigate the workers' compensation process more effectively and get the support they need by understanding the available benefits, knowing what steps to take after an injury, and being aware of potential challenges.

Construction work is one of the most hazardous occupations in the United States, with workers facing risks from heavy machinery, high heights, and dangerous materials. In Vermont, the construction industry plays a vital role in the state's economy, but it also comes with inherent dangers. Injuries on construction sites can be severe, often leading to significant medical expenses, lost wages, and long-term disability. Vermont's workers' compensation system is designed to provide financial and medical support to workers injured while on the job, ensuring they receive the necessary care and compensation during their recovery.

Understanding Workers' Compensation in Vermont

In Vermont, employers with at least one employee must have workers' compensation insurance. Workers Comp offers medical benefits and wage replacement to employees who got hurt while performing their job duties. This includes both full-time and part-time workers. The benefits under this system are no-fault, meaning that an injured worker does not need to prove that their employer was at fault for the injury to receive benefits.

Key aspects of Vermont's workers' compensation system include:

• Medical Benefits: Covers all necessary medical treatment related to the work injury, including doctor visits, surgeries, prescriptions, physical therapy, and any other healthcare needs.
• Temporary Total Disability (TTD): If an injured worker cannot work while recovering, they receive wage replacement, typically two-thirds of their average weekly wage, within state-set minimum and maximum limits.
• Temporary Partial Disability (TPD): For workers who can return to work but at a reduced capacity or lower-paying job, TPD benefits provide compensation based on the difference between pre-injury and post-injury earnings.
• Permanent Partial Disability (PPD) and Permanent Total Disability (PTD): These benefits are for workers who suffer a permanent impairment that affects their ability to work. PPD provides benefits based on the severity of the impairment, while PTD offers lifetime benefits for workers unable to return to any form of employment.
• Vocational Rehabilitation: Offers retraining or education for workers who cannot return to their previous jobs due to their injuries.

Common Construction Injuries Covered by Workers' Compensation

Construction sites are loaded with hazards that can lead to a variety of injuries. Based on reporting by the Occupational Safety and Health Administration (OSHA), the "Fatal Four" causes of construction worker fatalities include falls, struck-by incidents, electrocutions, and caught-in/between accidents. These categories also account for many non-fatal injuries. Common injuries in Vermont's construction industry that may qualify for workers' compensation benefits include:

• Falls from heights: Such as scaffolding, ladders, or roofs.
• Struck by objects: Including falling tools or materials.
• Machinery accidents: Resulting in crush injuries or amputations.
• Electrocutions: From exposed wiring or contact with power lines.
• Repetitive stress injuries: Like carpal tunnel syndrome or back injuries from repeated lifting.

Steps to Take After a Construction Injury in Vermont

If you are a construction worker injured on the job in Vermont, it's essential to follow certain steps to ensure you receive the appropriate workers' compensation benefits:

1. Report the Injury Immediately: Notify your employer as soon as possible. In Vermont, there is a 72-hour window for reporting injuries to an employer. Failure to report within this period could jeopardize your ability to claim benefits.
2. Seek Medical Attention: Visit a healthcare professional ASAP to assess and document your injuries. In Vermont, injured workers are allowed to choose their own doctor for treatment.
3. File a Workers' Compensation Claim: Your employer is going to provide you with the form to file a claim. Ensure that this form is filled out accurately and submitted promptly.
4. Follow Your Treatment Plan: Adhere to all medical advice and attend follow-up appointments. Compliance with your treatment plan is essential to avoid disputes about your injury's severity or your willingness to recover.
5. Consider Legal Assistance: If your claim is denied, or if you believe you are not receiving the full benefits to which you are entitled, consult with a workers' compensation attorney. They will help you navigate Vermont's workers' compensation system and make sure you receive fair compensation.

Challenges in Receiving Workers' Compensation Benefits

Despite the protections provided by Vermont's workers' compensation system, injured construction workers often face challenges in receiving their full benefits. Some of the common issues include:

• Claim Denials: Insurers may deny claims for various reasons, such as alleging that the injury was not work-related or that it resulted from a pre-existing condition.
• Insufficient Compensation: Disputes may arise regarding the amount of compensation, especially if the insurer disagrees with the extent of the injury or the worker's ability to return to work.
• Delayed Payments: Administrative delays or disputes can result in workers not receiving timely compensation, putting financial strain on them and their families.
• Return-to-Work Pressures: Employers or insurers may pressure injured workers to return to work before they are fully healed, which can exacerbate injuries and lead to further complications.

The Importance of Legal Representation

Navigating the workers' compensation system can be overwhelming, particularly when dealing with severe injuries or when facing resistance from employers or insurers. Having an experienced workers' compensation attorney will make a significant difference in the outcome of a claim. A skilled attorney can help make sure that all paperwork is filed correctly, deadlines are met, and any disputes are handled effectively. They can also provide guidance on whether a settlement offer is fair or if a formal hearing is necessary.

Conclusion

Construction injuries can have devastating consequences for workers and their families. The Vermont's workers' compensation system was created to provide a safety net for those injured on the job, but understanding and accessing these benefits can be challenging. By knowing the types of benefits available, understanding the steps to take after an injury, and recognizing the potential obstacles, injured workers can better navigate the process and secure the support they need. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont Workers’ Compensation claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.