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★ Vermont · workplace

Workplace settlements
in Vermont.

By 9 min read

Vermont pays temporary total disability at two thirds of your average weekly wage, within a state minimum and maximum. A worker hurt as a passenger in a 2014 work trip crash settled two comp claims for $115,000 with a general release, then dropped his suit against the coworker who was driving; his case against his lawyer failed because Virginia law barred that suit anyway. An electrocuted lineman was allowed to sue his former employer that had designed the switch.

Facts that decide a workplace claim in Vermont

Weekly benefitTemporary total disability is two thirds of your average weekly wages, not above the maximum or below the minimum, adjusted each July 1.21 V.S.A. § 642(a)
Read the releaseA general release in a comp settlement can reach coworkers; Rodrigue dropped his suit against the driver because of one.Rodrigue v. Illuzzi (Vt. 2022)
Former employersComp exclusivity did not protect a former employer for design work done while the worker was its employee.Hemond v. Frontier Communications (Vt. 2012)
★ band · US federal frame
Scheduled statutory benefits, no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Vermont's fault rule and any applicable cap then adjust the figure.

★ VT · reported workplace outcomes

What Vermont courts have awarded.

Real Vermont decisions and verdicts, each linked to the court record or official report.

  • Vermont Supreme Court · 2022
    Legal malpractice claim rejected; affirmed

    On September 2, 2014, Roger Rodrigue was a passenger in a car driven by a coworker on a work trip in Virginia when they crashed; both were hurt. In October 2016 his two comp claims settled for $115,000, and on his lawyer’s advice he signed a general release of the employer’s employees. Believing it barred a suit against the coworker, he dropped one. His malpractice claim failed because Virginia law barred that suit anyway.

  • Vermont Supreme Court · 2012
    Suit allowed to proceed

    Michael Hemond began as an apprentice lineman at Frontier in 2000. Frontier planned the rebuild of a substation, including a new switch, and sold it to the Vermont Electric Cooperative in 2004; Hemond moved with it. In September 2006 he was ordered to open Switch 14E and was electrocuted. The court held Frontier could not use comp exclusivity to block his suit.

★ VT · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Vermont.

  1. 1

    Before signing a comp settlement, check whether the release covers people you may sue.

  2. 2

    Look for third parties, such as a former employer or equipment designer, who share the blame.

  3. 3

    Ask the Department of Labor for the current weekly maximum for your injury date.

★ VT · statute of limitations
3 years from date of injury

12 V.S.A. § 512

★ VT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Vermont's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Vermont · you are hereModified comparative, 51% bar3 years from date of injury—
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative, 51% bar2 years from date of injuryDE · workplace →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · workplace →
MarylandPure contributory negligence3 years from date of injuryMD · workplace →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · workplace →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · workplace →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · workplace →
WyomingModified comparative, 51% bar4 years from date of injuryWY · workplace →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
VirginiaPure contributory negligence2 years from date of injuryVA · workplace →
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
★ VT · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Vermont's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Vermont. See /methodology, /sources, and /disclaimer.