Vermont requires that injured workers who can return to work only in a different occupation receive vocational rehabilitation (VR) services, and the state's rules differ from many other jurisdictions in three key ways: the eligibility threshold focuses on a 15% loss of earning capacity, the employer must fund the initial assessment, and the maximum benefit period is capped at 104 weeks.
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Eligibility Criteria
To qualify for VR under Vermont law, an employee must demonstrate a permanent impairment that reduces earning capacity by at least 15 percent. This is measured using the American Medical Association's Guides to the Evaluation of Permanent Impairment. The impairment must be work‑related, and the worker must be unable to perform their pre‑injury job with reasonable accommodations.
Employer and Insurer Responsibilities
The employer, or their workers' compensation insurer, must order a vocational assessment within 30 days of the claim's acceptance. The assessment identifies transferable skills, training needs, and potential job placements. Costs for the assessment and any approved training are paid by the insurer, but the employer may be required to provide modified duties during the rehabilitation period.
Benefit Duration and Limits
Vermont caps vocational rehabilitation benefits at 104 weeks from the date of injury. This total includes both the assessment phase and any approved training or education. If a worker's impairment exceeds the 15% threshold but does not meet the 104‑week limit, benefits cease once the worker secures suitable employment or the cap is reached, whichever comes first.
Filing Process
Workers must submit a VR request through their claim's online portal or via a paper form to the Vermont Department of Labor's Workers' Compensation Division. The request must include medical documentation of the impairment, a statement of inability to return to the pre‑injury job, and any prior attempts at accommodation. After submission, the insurer reviews the request and either approves, modifies, or denies it, providing a written explanation.
Comparison of Key VR Attributes
| Attribute | Vermont | Typical Other States |
|---|---|---|
| Impairment threshold | 15% loss of earning capacity | Often 10‑12% or case‑by‑case |
| Benefit cap | 104 weeks total | Varies, many cap at 78 weeks |
| Assessment funding | Insurer pays; employer may provide duties | Often shared or employer‑funded |
Common Pitfalls
- Missing the 30‑day deadline for the employer‑ordered assessment.
- Failing to document the 15% impairment level with qualified medical evidence.
- Assuming benefits continue indefinitely after placement in a new job.
Resources for Workers
The Vermont Department of Labor offers a VR handbook and a list of approved training providers. Legal assistance is available through the Vermont Bar Association's workers' compensation referral service for workers who need help navigating disputes.