Landscaping and groundskeeping work can turn dangerous quickly. A worker may be operating a mower on uneven terrain, lifting heavy materials, trimming trees, handling chemicals, or working around vehicles when an injury occurs. In Vermont, employees who are injured while performing landscaping or groundskeeping duties are generally eligible for workers’ compensation when the injury arises out of and occurs in the course of employment.

That coverage can include medical treatment, wage replacement, and compensation for permanent impairment. The harder questions often involve proving how the injury happened, establishing the extent of work restrictions, calculating wages for seasonal workers, and responding when an insurer argues that a condition was preexisting or unrelated to the job. Those issues can substantially affect the benefits an injured landscaping worker ultimately receives.

Key Takeaways About Workers’ Compensation for Landscaping and Groundskeeping Injuries in Vermont

• Vermont workers’ compensation generally covers employees injured while performing job-related landscaping or groundskeeping duties.
• Benefits may include medical care, temporary wage replacement, permanent impairment compensation, and vocational rehabilitation.
• Workers should report an injury as soon as practicable and create a clear record connecting the condition to their employment.
• Seasonal and fluctuating earnings can make average weekly wage calculations particularly important for landscaping employees.
• Insurers may dispute causation, work restrictions, medical treatment, or whether an injured worker can return to modified duty.

Are Landscaping and Groundskeeping Workers Covered by Workers’ Compensation in Vermont?

Coverage usually begins with the employment relationship and the connection between the injury and the worker’s job. Under 21 V.S.A. § 616, Employments Covered, Vermont’s workers’ compensation law generally applies to employment within the state, subject to statutory exceptions. 21 V.S.A. § 618, Compensation for Personal Injury, provides compensation when a worker suffers a personal injury by accident arising out of and in the course of employment.

For landscaping employees, that connection is often straightforward after a specific accident. A worker who injures a shoulder lifting a stone, suffers a laceration from equipment, or falls while trimming vegetation can usually identify when and where the injury occurred. Claims become more complicated when symptoms develop gradually, such as recurring back pain from repeated lifting or hand and wrist problems associated with prolonged equipment use.

Employment status can also become disputed. Landscaping companies sometimes use seasonal workers, subcontractors, or crews whose working arrangements are less formal than those in traditional workplaces. Calling someone an independent contractor does not necessarily resolve whether that person is treated as an employee under Vermont law. The actual working relationship may need to be examined when coverage is challenged.

Common Injuries for Landscaping and Groundskeeping Workers

The physical demands of landscaping create several different injury patterns, and the mechanism of injury matters when an attorney evaluates a workers’ compensation claim. Acute injuries may involve lawn mowers, chainsaws, trimmers, utility vehicles, falling branches, slips on wet terrain, or collisions at a job site. Back, knee, shoulder, and hand injuries are also common because workers frequently lift, carry, bend, climb, and perform repetitive tasks.

Some claims involve conditions that worsen over time rather than one dramatic accident. Repeated lifting may aggravate a spinal condition, vibration from equipment may contribute to hand or arm symptoms, and repetitive pruning or trimming can place significant stress on joints and tendons. The fact that a worker previously experienced pain in the same body part does not automatically defeat a claim, but insurers frequently examine pre-existing conditions and prior treatment when deciding whether current symptoms are attributable to employment.

Attorneys therefore look closely at the medical chronology. A worker who reports symptoms promptly, gives medical providers an accurate account of job duties, and follows recommended treatment generally creates a clearer evidentiary record than someone whose medical records do not mention work until weeks later.

What Workers’ Compensation Benefits May Be Available After a Landscaping Injury?

Benefits depend on how seriously the injury affects the employee medically and economically. Under 21 V.S.A. § 640, Medical Benefits; Assistive Devices; Home and Automobile Modifications, an employer subject to Vermont’s workers’ compensation law must provide reasonable medical services and supplies related to a compensable injury. Treatment may include physician care, surgery, medication, rehabilitation, and other medically necessary services.

When a compensable injury causes total disability for work, 21 V.S.A. § 642, Temporary Total Disability Benefits, provides weekly temporary total disability compensation equal to two-thirds of the employee’s average weekly wage, subject to statutory minimum and maximum rates. The first three days of disability are initially excluded, with the day of the accident counted as the first day unless the employee received full wages for that day. If total disability continues beyond the third day for at least seven consecutive calendar days, compensation becomes payable for the entire period of total disability. Eligible workers may also receive statutory dependent-child supplements, subject to the applicable limit on total weekly wage replacement. Temporary partial disability benefits may be available when a compensable injury reduces an employee’s earning capacity without causing total disability.

A landscaping injury may ultimately involve several categories of benefits:

1. Medical treatment for reasonable and necessary care connected to the work injury.
2. Temporary disability benefits when the worker cannot earn normal wages during recovery.
3. Permanent partial disability benefits when the injury results in a permanent disability.
4. Vocational rehabilitation in appropriate cases when the worker cannot reasonably return to prior employment.

Permanent impairment should not be confused with temporary inability to work. Under 21 V.S.A. § 648, Permanent Partial Disability Benefits, when a compensable injury results in permanent partial impairment without permanent total disability, the injured employee is entitled to permanent partial disability compensation calculated under the statute. The weekly payment is based on two-thirds of the employee’s average weekly wage, subject to statutory minimum and maximum rates, and the payment period is determined using the applicable permanent impairment rating. Vermont law establishes specific requirements for determining impairment, including the authorized impairment-rating guidelines and special rules for spinal injuries.

How Should a Landscaping or Groundskeeping Injury Be Reported?

Reporting an injury quickly protects more than a procedural deadline. It creates a contemporaneous record showing when the employer learned about the accident and what the worker initially said occurred. That can become important months later if an insurance carrier questions whether an injury actually happened at work.

Under 21 V.S.A. § 656, Notice of Injury and Claim for Compensation, an injured employee must notify the employer as soon as practicable and make a compensation claim within six months of the date of injury. For purposes of this requirement, the statutory date of injury is when the injury or occupational disease and its relationship to employment are reasonably discoverable and apparent. If compensation has been paid voluntarily, a claim within the initial six-month period is not required. However, if the claim is subsequently denied, the claimant must commence proceedings within six months of the denial. Workers should report suspected work-related injuries promptly rather than assume that a delayed-discovery rule or another statutory provision will protect a late claim.

The Vermont Department of Labor advises injured workers to notify their employer promptly and obtain necessary medical treatment. Under 21 V.S.A. § 701, Reports of Accidents by Employers, an employer liable to pay workers’ compensation must report an employee’s work-related injury to the Vermont Commissioner of Labor in writing when the injury causes an absence of one day or more or necessitates medical attendance. The report must be submitted within 72 hours after the injury occurs, excluding Sundays and legal holidays. Workers should also make sure their own records accurately identify the date, location, task being performed, equipment involved, and witnesses.

What Evidence Strengthens a Landscaping Workers’ Comp Claim?

Evidence becomes especially important when no one witnessed the accident or when the worker has an older condition involving the same body part. Medical records are often central because they establish when symptoms were reported, what diagnosis was made, and whether a physician connects the condition to work activity. Inconsistent descriptions of how an injury occurred can provide an insurer an opening to dispute causation.

Landscaping cases may also have valuable evidence that disappears quickly. Photographs of a worksite, damaged equipment, uneven ground, protective gear, or the materials being moved can preserve circumstances that may later change. Coworker statements, incident reports, work schedules, job assignments, and text messages with supervisors may independently confirm what occurred.

Wage records deserve similar attention when workers have seasonal schedules, overtime, or changing weekly hours. Vermont calculates average weekly wages under 21 V.S.A. § 650, using the employee’s earnings during the 26 weeks preceding the injury in the manner best calculated to reflect average weekly earnings. When the worker’s short employment history, casual employment, or employment terms make that calculation impracticable, the statute permits comparison with earnings from workers performing the same or similar work. Special rules also address certain absences and concurrent employment. Accurate payroll and employment records are therefore particularly important when determining disability benefits for seasonal landscaping workers. An attorney reviewing a claim will often compare payroll records against the insurer’s wage calculation rather than assuming the initial compensation rate is correct.

Why Landscaping Workers’ Compensation Claims May Be Denied

A denial does not necessarily mean an injury is not legitimate. Insurance carriers investigate whether an accident occurred within the scope of employment, whether medical evidence supports the claimed condition, and whether the requested treatment or disability is actually related to that injury. Disagreements often arise when evidence permits alternative interpretations.

For example, an insurer may point to degenerative changes on imaging and argue that a back condition existed before the workplace accident. The more important question may be whether the job incident caused, aggravated, or accelerated the disabling condition for which treatment is now required. That analysis depends heavily on medical opinions and the worker’s documented condition before and after the event.

Disputes also arise when a treating provider imposes restrictions but an employer offers light-duty work. Whether the proposed work actually complies with those restrictions can affect entitlement to ongoing wage benefits. Workers should be cautious about either refusing suitable work without medical support or returning to duties that exceed documented restrictions simply because they feel pressured to do so.

How a Vermont Workers’ Compensation Lawyer Can Help

A workers’ compensation attorney evaluates the entire claim rather than focusing only on whether an injury occurred. That includes the medical evidence, employment relationship, wage calculation, work restrictions, insurance correspondence, prior medical history, and whether the worker may eventually have a permanent impairment claim. Problems identified early are often easier to address before an insurer’s position becomes entrenched.

Legal representation can become particularly valuable when the carrier disputes causation, terminates benefits, questions the necessity of medical treatment, or calculates compensation using incomplete wage information. Landscaping workers often have earnings patterns that vary by season and workload, making careful review of wage records particularly important. An independent medical exam may also become an important part of a disputed workers’ compensation claim.

An attorney can also determine whether someone apart from the employer may bear responsibility for the accident. A defective piece of machinery, negligent property owner, careless driver, or another contractor may create issues beyond the workers’ compensation claim. Those possibilities should be evaluated separately because workers’ compensation benefits do not necessarily account for every loss available in a third-party personal injury case.

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

Landscaping and groundskeeping injuries can interrupt a worker’s income while creating medical problems that affect physically demanding employment for months or longer. A successful Vermont workers’ compensation claim depends not only on reporting the injury but also on preserving medical evidence, establishing appropriate work restrictions, and making sure wage and permanent impairment benefits are evaluated correctly.

Brandon J. Broderick, Attorney at Law, helps injured workers understand their rights and respond when insurers dispute workplace injuries, medical treatment, disability benefits, or the value of a claim. Experienced legal guidance can help protect your benefits while you focus on treatment and recovery. If you were injured while landscaping or performing groundskeeping work in Vermont, speak with our lawyers about the facts of your case and the compensation that may be available.

Contact us today for a free legal consultation.