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Vermont workers’ compensation law

Almost all Vermont employers are required to carry workers’ compensation insurance. Employers that provide workers’ comp protection are shielded against civil suits from injured or sick employees.

Who needs workers’ comp insurance in Vermont?

Vermont imposes stringent workers’ compensation insurance rules on its employers. Any business that employs one or more full- or part-time employees must provide coverage.

The only broad exemption to this rule is employers who have qualified to self-insure their workers’ comp claims.

What types of Vermont workers are required to have workers’ comp insurance?

Vermont strives to maintain near-universal workers’ comp coverage. This means that generally, everyone working in Vermont must have workers’ comp insurance, except employees who meet certain criteria:

  • Sole proprietors or partners in unincorporated businesses aren’t required to have coverage, but they can voluntarily elect to participate.
  • Corporate officers can opt out with the permission of the Vermont Department of Labor.
  • Casual workers – i.e., those who are not employed in the core functions of the business – are exempt.
  • Someone involved with amateur sports
  • A person working in agriculture or other farm jobs whose employer has an aggregate payroll of less than $10,000 in a calendar year
  • Certain elected officials and volunteers are excluded from coverage.

Do Vermont business owners need to be included in workers’ comp coverage?

It depends on what type of business owner you are. Here’s how Vermont’s business owner coverage requirements break down:

  • Sole proprietors and partners are excluded from coverage but may opt in voluntarily.
  • Corporate officers are included in coverage unless they decide to opt out.
  • Members of limited liability companies (LLCs) are treated as corporate officers.

Are independent contractors required to have workers’ comp coverage in Vermont?

Vermont won’t require you to provide insurance for an independent contractor unless the person assigns one or more additional workers to your project. If the contractor is working alone, then you won’t need to provide coverage.

The state applies a number of tests to determine whether the individual working for you is a contractor or an employee. A contractor could be considered an employee for workers’ comp purposes if:

  • You have the ability to tell the person how to complete the work.
  • You provide the tools and other equipment needed for the project.
  • You determine the person’s work days and hours.
  • What you pay the person is based on hours on the job versus a fixed project cost.
  • You have employees on staff doing essentially the same work.
  • The person’s duties are considered integral to your normal business.

Because determining employee vs. contractor status can be complex, the state encourages employers to seek legal advice or to check with the Vermont Division of Workers’ Compensation before making a worker classification decision.

Compare workers' compensation quotes for Vermont businesses

How does workers’ comp work in Vermont?

Vermont business owners can compare quotes and purchase a policy from private insurance companies. (Insureon offers this service with its online insurance marketplace.)

If you’re unable to purchase workers’ comp insurance through the voluntary market referenced above because of your firm’s high-risk status, you can purchase coverage from the Vermont assigned risk market. The National Council on Compensation Insurance (NCCI) manages this insurance pool, serving as the state’s workers’ comp provider of last resort.

Vermont employers who qualify can self-insure their workers’ compensation claims. This means they’ll pay for their own workers’ comp claims rather than submit them to an insurance company.

To qualify for self-insurance, they must file an application with the Vermont Department of Labor and meet standards for assets, profit, and cash flow. In addition, they must post bonds and provide a guarantee that they can meet excess liability.

What is the average cost of workers’ compensation insurance in Vermont?

Estimated employer costs for workers' compensation in Vermont are $1.68 per $100 covered in payroll.

What are the penalties for not having workers’ comp insurance in Vermont?

Violating Vermont’s workers’ compensation statute is a serious matter. If you fail to comply, you may have to pay a civil penalty of $100 for each day you fail to maintain coverage, up to a maximum of $5,000. This applies to the period of noncompliance before the state provides notice. After you receive notice, you have five days to secure insurance. If you don’t, you may be assessed a daily penalty of $250.

The state warns that failure to comply may not only negatively impact your ability to defend yourself in any future workers’ comp-related lawsuits, but it may also result in the state shutting down your business.

Workers’ compensation death benefits in Vermont 

If one of your employees dies as a result of a job-related illness or injury, the person’s dependents are entitled to receive death benefits. These include payments to cover burial and funeral expenses not to exceed $10,000 and up to $5,000 for transporting the body to the burial location.

Workers’ comp insurance also provides weekly survivor income benefits. This amount, based on whether the person had a spouse and one or more children, ranges between 67% and 77% of the worker’s prior weekly pay. The same minimum / maximum caps apply to this benefit as to other workers’ comp benefits in Vermont.

Workers’ comp settlements in Vermont

A workers’ compensation settlement is an agreement between the injured employee, employer, and insurer that cancel a workers’ compensation claim. This benefits both the employee and the employer.

In Vermont, many workers’ comp claims end in settlements. This means the parties to the claim – the injured employee, the company, and the insurer – must agree on a lump-sum payment in return for the employee (or the employee’s survivors) agreeing to forgo future payments.

There are two basic forms of settlements in Vermont:

A non-medical, limited settlement closes out disability-income benefits, but leaves future medical payments open.

A total lump-sum settlement closes out the entire claim in return for the insurer paying the employee (or person’s survivors) a specific amount of money.

The Vermont Division of Workers’ Compensation must approve all workers’ compensation settlements. All entities must submit a Compromise Agreement (Form 16) with the division, along with a letter detailing the issues in dispute and disclosing how settlement funds will be distributed.

Once the state approves the settlement, it is final, except in cases of insurer fraud.

Workers’ compensation statute of limitations in Vermont

In Vermont, employees must file a workers’ comp claim within six months of the injury. That period can be extended if they can prove the employer had prior knowledge of the precipitating incident.

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If you are ready to explore workers’ comp insurance options for your Vermont business, start a free online application today to compare quotes from top-rated carriers.

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