When a work-related injury occurs, the financial fallout can be just as stressful as the physical recovery. For employees in Vermont who suffer an injury or occupational disease on the job, the workers’ compensation system is designed to provide a necessary safety net. This system offers various forms of support, including payment for medical expenses and benefits to replace lost wages.

One of the most immediate and impactful types of assistance is temporary disability benefits, which are important for workers who must take time off or work reduced hours while healing. These benefits come in two primary forms: Temporary Total Disability (TTD) for those who are completely unable to work, and Temporary Partial Disability (TPD) for those who can return to work in a limited capacity but at a reduced earning potential.

A common and understandable concern for any injured employee is knowing how long these wage loss benefits in Vermont will last. Unlike some other states, the duration of temporary disability benefits in Vermont is not tied to a fixed number of weeks or months. Instead, it is connected to a person’s medical recovery and their ability to return to gainful employment. Below, we provide a detailed look at the specifics of the Vermont workers’ comp duration for temporary disability, explaining the key legal guidelines that determine when these payments will start and when they will stop. Understanding your Vermont workers’ comp rights is the first step toward securing your financial stability while you focus on getting well.

Understanding Temporary Disability Benefits in Vermont

Before discussing the duration of benefits, it is important to clarify what temporary disability covers. These payments serve as wage replacement benefits when a work-related injury prevents an employee from performing their usual job duties, either entirely or partially. Securing your workers’ compensation benefits in Vermont is dependent on proper documentation and medical support.

Temporary Total Disability (TTD) Eligibility and Payments

Temporary Total Disability benefits are paid when a doctor confirms that your injury has left you completely unable to work for a period. This is the benefit most workers think of when they consider temporary disability benefits.

• Benefit Amount: TTD typically pays two-thirds (2/3) of your average weekly wage (AWW) earned before the injury. This calculation is based on the 26 weeks of wages prior to the week of the injury, as specified in Vermont law (21 V.S.A. § 650).
• Waiting Period: Under 21 V.S.A. § 642, TTD payments begin after the first three days of total disability. However, if the disability lasts for seven consecutive calendar days or more, compensation is paid retroactively for the first three days.
• Dependents: You may also receive an additional weekly amount for each dependent child, subject to the total weekly wage replacement benefits not exceeding 90% of your average weekly wage.

Temporary Partial Disability (TPD) Calculation

Temporary Partial Disability benefits are for injured workers who can return to work with restrictions—such as part-time hours or light duty—but are earning less than their pre-injury wage. This encourages returning to work after injury safely.

• Benefit Amount: TPD is generally calculated as two-thirds (2/3) of the difference between your pre-injury average weekly wage and the wage you are currently earning while disabled. Recent updates to the law, however, introduce a more complex calculation that compares the two-thirds calculation against the difference between the employee's TTD compensation rate and their new wages, using the higher of the two results to benefit the injured worker.

These Vermont workers’ comp payments are essential while you heal from your work injury.

How Long Can You Collect Workers’ Comp Vermont? The Duration Rule

The most significant distinction in the Vermont workers’ compensation system, especially when compared to systems in many other states, is that there is no specific, fixed statutory cap on the number of weeks or years you can receive Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits.

The “How long can you collect workers’ comp Vermont?” question is answered by focusing on your medical status, not a ticking clock. The duration of temporary disability benefits is generally determined by two primary factors, whichever one occurs first:

1. Reaching Maximum Medical Improvement (MMI)

The central concept governing the end of temporary disability is reaching a "medical end result," commonly known as Maximum Medical Improvement (MMI).

• What is MMI? MMI is the point where your treating physician determines that your work-related injury has stabilized and is not expected to improve substantially with or without further medical treatment. It is a medical milestone, not a calendar limit.
• The Shift in Focus: Once you reach MMI, you are no longer considered to be in the "temporary" recovery phase. Your TTD or TPD benefits will typically cease. At this point, the claim shifts to evaluating if you have any permanent impairment, which would entitle you to Permanent Partial Disability benefits.
• Discontinuing Payments: An employer or insurer cannot stop your temporary disability benefits without proper procedure. If they believe you have reached MMI, they must typically file a Notice of Intention to Discontinue Payments (Form 27) with the Vermont Department of Labor workers’ compensation and provide supporting medical evidence. This is a point where a Vermont workers’ compensation lawyer is often needed to challenge the insurer’s assessment.

2. Returning to Work at Pre-Injury Wages

The second factor that ends TTD benefits is a return to work that restores your pre-injury earning capacity.

• Full Return: If you return to your old job, or a new job, at the same wages and hours you were earning before your injury, your TTD benefits will end because your total wage loss is eliminated.
• Partial Return Ending TPD: If you were receiving TPD benefits, they will end when you return to a job that pays you as much as—or more than—your average weekly wage prior to the injury.
• Refusal of Suitable Work: If your doctor clears you for light duty work and your employer offers you a job within those restrictions, refusing that suitable work without a valid reason can lead to the lawful termination of your TTD or TPD payments, as dictated by Vermont labor laws workers’ comp. This underscores the importance of cooperation and communication during your claim.

Key Considerations for Vermont Workers’ Comp Eligibility

To maintain Vermont workers’ comp eligibility and ensure uninterrupted Vermont workers’ comp payments, injured employees must adhere to certain state requirements.

Timely Reporting and Filing

To begin collecting VT workers’ comp benefits, you must:

1. Notify your employer of your work-related injury as soon as possible.
2. Ensure your employer files the appropriate report with the Vermont Department of Labor workers’ compensation. If the employer fails to do so, you have the right to file a claim yourself.
3. Cooperate with the insurer's investigation. The insurance company generally has 21 days from when they receive notice of the injury to accept or deny the claim. This is an important window for filing a workers’ compensation claim Vermont.

Medical Compliance and Cost-of-Living Adjustments (COLA)

The duration of your temporary benefits is heavily tied to your medical compliance. You must attend all reasonable and necessary appointments for your Vermont workers’ comp medical benefits.

Additionally, if your temporary disability lasts long enough, your weekly payment rate will increase. Under 21 V.S.A. § 650(d), once an injured worker has received 26 weeks of temporary disability benefits, their weekly compensation amount is adjusted on the subsequent July 1st, and annually thereafter, to account for Cost of Living Adjustments (COLA). This protects the value of your benefits over time.

Long-Term Disability vs Workers’ Comp Vermont

It is important to understand that if you reach MMI but cannot return to your prior job, the question shifts from temporary benefits to permanent benefits.

• Permanent Disability: If you are left with a lasting impairment after MMI, you may be entitled to Permanent Partial Disability (PPD) benefits. These are paid as a lump sum or in weekly installments and are separate from temporary benefits.
• LTD Insurance: Long-Term Disability (LTD) is a private insurance policy that covers non-work-related conditions. Workers’ comp covers the injury arising from your employment. If your workers’ compensation case is denied or closes, you may explore an LTD claim, but the systems are distinct. A skilled work-related injury attorney Vermont can help coordinate any concurrent claims you may have.

Call Brandon J. Broderick For Legal Help

Dealing with a Vermont employment injury attorney is often necessary when an insurance company disputes your claim or attempts to terminate your temporary total disability or temporary partial disability payments prematurely. Knowing the rules—that your benefits are tied to your recovery and not an arbitrary cap—is your first line of defense, but applying those complex Vermont labor laws workers’ comp requires legal experience.

At Brandon J. Broderick, Attorney at Law, we are dedicated to protecting the rights of injured workers throughout the state, including those seeking help from a Burlington workers’ compensation lawyer. Our team has an in-depth understanding of the nuances within Vermont’s compensation law, from establishing Vermont workers’ comp eligibility to navigating the transition from temporary benefits to permanent compensation.

If you have been injured on the job and need assistance with your workers’ comp claim, or if you are concerned about your Vermont workers’ comp duration being improperly cut short, you need personalized legal guidance. Don't risk losing the wage loss benefits Vermont law provides. Contact us today for a consultation to discuss your specific case and learn how we can help.