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The Statute of Limitations in Vermont Workers’ Compensation Cases

Compensation and judge's gavel.

When it comes to filing workers’ compensation claims in Vermont, understanding the statute of limitations is crucial. The statute of limitations establishes the timeframe within which an injured worker must initiate the claims process. Failure to adhere to these time constraints can jeopardize the ability to receive compensation. Here’s what you need to know:

1. Notification Period:

  • In Vermont, injured workers are required to promptly report workplace injuries to their employers. This initial notification should occur as soon as possible after the injury occurs. Timely reporting helps ensure that the claims process begins promptly.

2. Filing a Claim:

  • The injured worker must file a formal workers’ compensation claim with the Vermont Department of Labor. This involves submitting the necessary forms, including a Notice of Injury and Claim for Compensation. The claim form should be filed within the prescribed timeframe to avoid complications.

3. Statute of Limitations for Filing:

  • The statute of limitations for filing a workers’ compensation claim in Vermont is typically two years from the date of the injury or the date when the worker knew or should have known that the injury was work-related. It’s essential to initiate the claims process within this timeframe.

4. Exception for Occupational Diseases:

  • In cases of occupational diseases, where the onset of the condition may not be immediately apparent, the two-year statute of limitations begins when the worker becomes aware or should have become aware of the connection between the disease and their employment.

5. Exceptions for Minors:

  • Special considerations apply when the injured worker is a minor at the time of the injury. In such cases, the statute of limitations may be extended, allowing the minor to file a claim within two years of turning 18.

6. Importance of Timely Action:

  • Failing to initiate the claims process within the statutory timeframe can result in the denial of benefits. Employers and insurers may use the expiration of the statute of limitations as a defense against late-filed claims.

7. Consultation with an Attorney:

  • In complex cases or situations where the injured worker is uncertain about their rights and options, consulting with a workers’ compensation attorney is advisable. An attorney can provide guidance on the applicable statute of limitations and ensure that all necessary steps are taken within the required timeframe.

Understanding and adhering to the statute of limitations is vital for securing workers’ compensation benefits in Vermont. Injured workers should take prompt action, report injuries promptly, and file claims within the specified timeframe to protect their rights and access the compensation they deserve. If you have questions about the statute of limitations or need assistance with a workers’ compensation claim, seeking legal advice is a prudent step.