By Law Office of Aili Obandja
If you are injured at work in Vermont, telling a supervisor what happened is important—but it may not be the only step needed to protect your workers’ compensation claim. Vermont law distinguishes among notifying the employer, the employer’s First Report of Injury, and the injured worker’s written claim for compensation.
Understanding those differences can help prevent avoidable disputes about whether an injury was reported or a claim was properly made.
Important: Vermont law generally requires notice to the employer as soon as practicable and a claim for compensation within six months after the date of injury. Different rules and exceptions may apply. Report the injury and document the claim promptly rather than relying on an exception.
When Does the Six-Month Period Begin?
Under 21 V.S.A. § 656, a claim for compensation generally must be made within six months after the date of injury. For this purpose, the date of injury is when both the injury and its relationship to employment are reasonably discoverable and apparent.
That distinction can matter when a condition develops gradually or when its connection to work is not immediately clear. Do not assume, however, that uncertainty automatically extends the deadline. Document the symptoms and possible work relationship as soon as they become apparent.
Notice, the Employer’s Report, and the Worker’s Claim Are Different
Notice to the Employer
Notice tells the employer that an injury occurred and is claimed to be work-related.
The Employer’s First Report of Injury
Except for certain first-aid-only injuries, an employer generally must file a First Report of Injury with its insurer or claims administrator within 72 hours—excluding Sundays and legal holidays—after learning of a claimed work injury that causes an absence of one day or more from work or requires medical attention. The employer must also provide the injured worker a copy of the First Report as promptly as possible.
Filing the First Report does not mean that the employer or carrier has accepted the claim.
The Worker’s Claim for Compensation
A claim formally requests workers’ compensation benefits. Under 21 V.S.A. § 658, the required notice and claim must be in writing, and they may be combined. Form 5, Employee’s Notice of Injury and Claim for Compensation may be used to document the injured worker’s written notice and claim, including when the employer fails or refuses to file the First Report of Injury. Filing Form 5 with the Department does not replace the practical need to notify the employer promptly and preserve proof of that notice. Whether you need to file Form 5 depends on what has already been filed and whether your written notice and claim have been documented.
What Should the Written Notice Include?
Under Vermont law, written notice must include:
The employee’s name and address;
The time and place of the injury;
The nature of the injury;
The cause of the injury; and
The employee’s signature or the signature of a person acting on the employee’s behalf.
Use ordinary language. You do not need to provide a legal or medical causation opinion. Describe what happened, when and where it occurred, the affected body part or condition, and the work activity or event you believe caused or contributed to it.
Do Not Rely Only on an Oral Report
An oral report may help show that the employer knew about the accident, but the notice and claim required by Vermont law must be in writing. If you initially reported the injury orally, follow up promptly in writing and keep proof.
What If Benefits Were Paid Voluntarily?
If compensation was paid voluntarily, Vermont law provides that the worker may not have to make a claim within the initial six-month period. If the claim is later denied after voluntary payments, the worker generally must commence proceedings within six months after the denial.
This is a specific exception. Receiving medical care, wages, sick leave, or another payment does not necessarily establish that workers’ compensation was paid voluntarily for purposes of the statute.
What If Notice or the Claim Was Late or Inaccurate?
A delay or mistake does not always end a claim. Under 21 V.S.A. § 660, an inaccuracy in the description generally does not invalidate notice unless the employer was actually misled by it. A delay or failure to provide notice or make a claim may not bar the case if the employer or its representative knew about the accident, or if the employer was not prejudiced by the delay.
These exceptions are fact-specific. The worker may need evidence showing what the employer knew, when it knew it, and whether the delay affected the employer’s ability to investigate.
Section 660 also provides a general three-year outer limit for commencing proceedings to initiate an injury claim. Occupational-disease claims are subject to a separate two-year period measured from when the disease is reasonably discoverable and apparent. The three-year period is not a substitute for the general six-month claim requirement. These deadlines serve different functions, and the applicability of an exception depends on the facts.
What If the Employer Does Not File a First Report?
If the employer fails or refuses to file the First Report, submit Form 5 to the Vermont Department of Labor Workers’ Compensation Division using the current Form 5 instructions. Confirm the required supporting materials and available submission methods.
Practical Steps After a Work Injury
Report the injury promptly. Tell an appropriate supervisor or employer representative what happened and that you believe it is work-related.
Put the notice in writing. Include the basic facts required by Vermont law and preserve proof of when and how it was delivered.
Confirm whether the employer filed a First Report of Injury. Ask for a copy if one is available.
Determine whether Form 5 is needed. Review what has already been filed and whether your written notice and claim have been documented.
Attach available supporting medical records.
Maintain the broader claim file. Keep forms, emails, medical notes, wage records, and communications with the employer and insurer.
Respond to follow-up requests. Missing information may delay investigation or lead to a denial.
Related Vermont Workers’ Compensation Article
If your claim is denied after you provide notice or submit Form 5, see What Should I Do If My Vermont Workers’ Compensation Claim Is Denied?
Get Help Filing a Vermont Workers’ Compensation Claim
The safest approach is to report the injury promptly, put the notice and claim in writing, and preserve proof of every submission. Because deadlines may depend on when the injury became reasonably apparent, whether benefits were paid voluntarily, what the employer knew, and whether any delay caused prejudice, questions about timing can be fact-specific.
The Law Office of Aili Obandja represents injured workers in Vermont workers’ compensation matters. Call 802-556-3582 to discuss notice, Form 5, or a dispute about whether your claim was filed properly.
This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every workers’ compensation claim depends on its facts, medical evidence, and procedural history. If you need advice about your situation, consult an attorney.
