By Law Office of Aili Obandja
If you were hurt at work in Vermont and cannot return to your old job, cannot work at all, or can return only with restrictions or reduced hours, you may still have important rights under Vermont workers’ compensation law.
Many injured workers assume they only have two choices: go back to work before they are ready or stay out of work and hope the insurance carrier keeps paying. In reality, Vermont workers’ compensation may provide several options depending on your medical restrictions, your earnings, and whether suitable work is available.
This blog explains the main options and practical steps to consider if you cannot return to work, or cannot return full time, after a work injury in Vermont.
1. If You Cannot Return to Work at All, Your Medical Restrictions Matter
If your treating provider says you cannot work at all because of your work injury, clear medical documentation is critical. In Vermont, claims for both temporary total disability (TTD) and temporary partial disability (TPD) must be supported by credible medical evidence, and your rights often turn on how clearly your work status is documented.
If you remain medically unable to work, you may be entitled to ongoing TTD benefits if the carrier accepts your disability status and the claim is supported by the required medical evidence. Vermont’s rules provide for TTD when a worker is temporarily disabled from working in any capacity and generally require disability lasting more than three calendar days, with retroactivity if the disability continues long enough. See Vermont Workers’ Compensation and Occupational Disease Rules, Rules 9.1100, 9.1110, and 9.1300. If the insurance company disputes your inability to work, the dispute often centers on medical records, work notes, independent medical examinations, and whether the carrier believes you have been released to return to some form of work.
One of the most important steps is making sure your restrictions are clearly documented and regularly updated.
2. If You Cannot Return Full Time, You May Still Have a Wage-Loss Claim
Not every injured worker is fully out of work. Some can return only to part-time work, lighter work, or a lower-paying position. Under Vermont’s rules, a worker who is temporarily unable to work in a full-time and/or full-duty capacity because of a compensable injury may be entitled to temporary partial disability (TPD) benefits for lost wages. TPD also generally has an eight-calendar-day threshold. See Vermont Workers’ Compensation and Occupational Disease Rules, Rules 9.1200 and 9.1210.
Returning to some work does not necessarily mean your wage-loss benefits should end. If you are working fewer hours, earning less, or limited to light duty because of the injury, you may still have a claim for partial wage-loss benefits.
3. If Your Employer Offers Light Duty, Compare It to Your Restrictions
Sometimes an employer offers light duty or modified work after an injury. That may be a good option if it fits your medical restrictions. But not every job offer is truly suitable.
Before accepting or rejecting modified work, pay attention to:
the specific physical restrictions in your doctor’s note;
whether the offered duties actually match those restrictions;
whether the hours are full time or reduced;
whether the pay is lower than before; and
whether the job appears temporary, permanent, or unclear.
Vermont’s rules on discontinuing temporary disability benefits focus heavily on whether the worker was medically released and whether suitable work was actually available, or whether the worker was properly told to perform a good-faith job search.
If the offered position does not fit your restrictions, or if the insurer claims you can work more than your doctor allows, legal help may become important.
Bottom Line
If you cannot return to work at all, cannot return full time, or are offered light duty that does not match your restrictions, Vermont workers’ compensation may still provide important protection. The key is to understand how your medical restrictions, your wages, and any return-to-work offer fit together.
If you have questions about your ability to return to work after a work injury in Vermont, the Law Office of Aili Obandja can review the facts of your claim and help you understand your options.
Disclaimer
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 medical evidence, wage records, work restrictions, and procedural facts. If you need advice about your particular claim, you should consult an attorney.
