How to File a Workers' Compensation Claim in Vermont
Reviewed by DocDraft Legal Team · Vermont · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without having to prove the employer was at fault. In Vermont, the system is administered by the Vermont Department of Labor, Workers' Compensation Division. Two deadlines are critical. You must give your employer notice of the injury as soon as practicable after it occurs (21 V.S.A. 656(a)), and you must make a claim for compensation within six months of the date of injury (21 V.S.A. 656(a)). After you report, your employer files an Employer's First Report of Injury with its insurer and the Department of Labor. If your employer does not report the injury, you file Form 5, the Notice of Injury and Claim for Compensation, to open the claim. The insurer then decides to accept or deny it, and if the claim is disputed you can request a formal hearing before the Department of Labor. In no event may proceedings be commenced more than three years from the date of injury (21 V.S.A. 660(a)). Attorney review of your claim is available through DocDraft.
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How do I file a workers' compensation claim in Vermont?
First, report your injury to your employer as soon as practicable after it happens (21 V.S.A. 656(a)). If your employer does not file a First Report of Injury, complete Form 5, the Notice of Injury and Claim for Compensation, and file it with the Vermont Department of Labor within six months.
How long do I have to file a workers' compensation claim in Vermont?
Two deadlines matter. Report the injury to your employer as soon as practicable (21 V.S.A. 656(a)), and make your claim within six months of the injury. Proceedings may not be commenced after three years from the date of injury (21 V.S.A. 660(a)). Missing these can bar your benefits.
What is the Form 5 claim form in Vermont?
Form 5 is Vermont's Notice of Injury and Claim for Compensation. Your employer should file a First Report of Injury, but if it does not, you file Form 5 with the Vermont Department of Labor to open your claim. Do this within six months of the injury (21 V.S.A. 656(a)).
Who handles workers' compensation claims in Vermont?
Vermont's workers' compensation system is administered by the Vermont Department of Labor, Workers' Compensation Division. Your employer's insurer investigates your claim and decides to accept or deny it. If a dispute arises, you may request a formal hearing before the Department of Labor to resolve it.
Vermont workers' compensation claim law at a glance
In Vermont, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurer, regardless of fault. The system is run by the Vermont Department of Labor, Workers' Compensation Division. You must give your employer notice of the injury as soon as practicable after it occurs (21 V.S.A. 656(a)). Your employer files a First Report of Injury with its insurer and the Department. If the employer does not report, you file Form 5, the Notice of Injury and Claim for Compensation, within six months of the injury. In no event may proceedings be commenced more than three years from the date of injury (21 V.S.A. 660(a)).
Filing a Vermont workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a Vermont warehouse. You tell your supervisor and put the injury in writing the same day, reporting as soon as practicable (21 V.S.A. 656(a)). Your employer files a First Report of Injury with its insurer. When the report stalls, you complete Form 5, the Notice of Injury and Claim for Compensation, and file it with the Vermont Department of Labor, well inside the six-month claim window. The insurer pays for treatment but disputes your wage-replacement benefits. Because proceedings may not be commenced after three years from the date of injury (21 V.S.A. 660(a)), you request a formal hearing before the Department of Labor. Attorney review of your claim is available through DocDraft.
Relevant Laws
21 V.S.A. 656 (notice of injury as soon as practicable; six-month claim)
Provides that a proceeding for compensation shall not be maintained unless notice of the injury has been given to the employer as soon as practicable after the injury occurred, and unless a claim for compensation has been made within six months after the date of the injury.
21 V.S.A. 660 (three-year limitation on commencing proceedings)
Sets the outer limitation period, providing that proceedings to initiate a claim for a work-related injury may not be commenced after three years from the date of injury, and that delay in notice or claim is not a bar if the employer had knowledge of the accident or was not prejudiced.
Vermont Department of Labor, Workers' Compensation Division
The Workers' Compensation Division administers Vermont's workers' compensation program, ensuring injured workers receive medical, disability, and other benefits, and directs injured employees to file the Notice of Injury and Claim for Compensation (Form 5).
Vermont Form 5 (Notice of Injury and Claim for Compensation)
The employee's Notice of Injury and Claim for Compensation, filed with the Vermont Department of Labor to open a claim when the employer has not filed its First Report of Injury.
Regional Variances
Vermont workers' compensation claim rules at a glance
Reporting deadline
Notice of the injury must be given to your employer as soon as practicable after it occurs, under 21 V.S.A. 656(a). Vermont sets no fixed number of days, so report immediately and in writing.
Claim form
Form 5, the Notice of Injury and Claim for Compensation. The employee files it with the Vermont Department of Labor if the employer does not file an Employer's First Report of Injury (Form 1).
Filing deadline
A claim for compensation must be made within six months of the date of injury (21 V.S.A. 656(a)). Proceedings may not be commenced after three years from the date of injury (21 V.S.A. 660(a)).
Who administers it
The Vermont Department of Labor, Workers' Compensation Division. Disputes are resolved through a formal hearing before the Commissioner of Labor after the insurer denies or delays a claim.
How disputes are filed
By requesting a formal hearing before the Vermont Department of Labor when the insurer denies, delays, or underpays the claim, within the three-year period under 21 V.S.A. 660(a).
Suggested Compliance Checklist
Report the injury to your employer in writing
As soon as practicable after the injury days after startingGive your employer notice of the injury as soon as practicable after it occurs (21 V.S.A. 656(a)). Vermont sets no fixed number of days, but late reporting can create disputes, so do this immediately and keep a dated copy.
Confirm the employer's First Report of Injury
Right after you report the injury days after startingYour employer should file an Employer's First Report of Injury (Form 1) with its insurer and the Vermont Department of Labor. Ask for a copy. If it does not report, plan to file Form 5 yourself.
Complete and file Form 5
Within six months of the injury days after startingFill out Form 5, the Notice of Injury and Claim for Compensation, describing the injury and affected body parts, sign and date it, and file it with the Vermont Department of Labor to open the claim (21 V.S.A. 656(a)). Attorney review of your claim is available through DocDraft.
Get medical care and keep records
Ongoing after the injury days after startingSeek treatment for your injury, tell providers it is work-related, and keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and work restrictions supports your claim if the insurer later disputes benefits.
Track the insurer's decision and deadlines
While the claim is pending days after startingThe insurer will accept or deny your claim. Keep proof of what you sent, and note the date of injury so you can protect the six-month claim window and the three-year outer limit under 21 V.S.A. 660(a).
Request a formal hearing if disputed
Well before three years from the injury days after startingIf the claim is denied, delayed, or underpaid, request a formal hearing before the Vermont Department of Labor. Proceedings may not be commenced after three years from the date of injury (21 V.S.A. 660(a)), so act early to protect your rights.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer in writing | Give your employer notice of the injury as soon as practicable after it occurs (21 V.S.A. 656(a)). Vermont sets no fixed number of days, but late reporting can create disputes, so do this immediately and keep a dated copy. | - | As soon as practicable after the injury |
| Confirm the employer's First Report of Injury | Your employer should file an Employer's First Report of Injury (Form 1) with its insurer and the Vermont Department of Labor. Ask for a copy. If it does not report, plan to file Form 5 yourself. | - | Right after you report the injury |
| Complete and file Form 5 | Fill out Form 5, the Notice of Injury and Claim for Compensation, describing the injury and affected body parts, sign and date it, and file it with the Vermont Department of Labor to open the claim (21 V.S.A. 656(a)). Attorney review of your claim is available through DocDraft. | - | Within six months of the injury |
| Get medical care and keep records | Seek treatment for your injury, tell providers it is work-related, and keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and work restrictions supports your claim if the insurer later disputes benefits. | - | Ongoing after the injury |
| Track the insurer's decision and deadlines | The insurer will accept or deny your claim. Keep proof of what you sent, and note the date of injury so you can protect the six-month claim window and the three-year outer limit under 21 V.S.A. 660(a). | - | While the claim is pending |
| Request a formal hearing if disputed | If the claim is denied, delayed, or underpaid, request a formal hearing before the Vermont Department of Labor. Proceedings may not be commenced after three years from the date of injury (21 V.S.A. 660(a)), so act early to protect your rights. | - | Well before three years from the injury |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurer, without proving fault. In Vermont, you open a claim by reporting the injury and, if needed, filing Form 5 with the Department of Labor.
Reporting means giving your employer notice of the injury, which Vermont requires as soon as practicable after it occurs (21 V.S.A. 656(a)). Filing the claim is the separate step of submitting Form 5, the Notice of Injury and Claim for Compensation, to the Department of Labor. Reporting comes first; filing follows.
Vermont requires you to give your employer notice of the injury as soon as practicable after it occurs (21 V.S.A. 656(a)). There is no fixed number of days, but reporting late can create disputes about whether the injury is work-related, so tell your employer immediately and in writing.
Vermont has two limits. You must make your claim within six months of the date of injury (21 V.S.A. 656(a)). Separately, proceedings may not be commenced after three years from the date of injury (21 V.S.A. 660(a)). Act on the earlier six-month deadline to protect your benefits.
Missing the six-month claim window can jeopardize your claim (21 V.S.A. 656(a)). Vermont law may still allow proceedings if your employer knew of the accident or was not prejudiced by the delay, but you should never rely on that. Proceedings may not be commenced after three years (21 V.S.A. 660(a)).
Day to day, your employer's insurer decides whether to accept or deny the claim. If you disagree, the Vermont Department of Labor, Workers' Compensation Division resolves the dispute through a formal hearing before the Commissioner of Labor, which you request after the insurer denies or delays benefits.
No. Vermont workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. In exchange, benefits are set by statute.
If the insurer denies or delays your claim, you can request a formal hearing before the Vermont Department of Labor. You generally must act well before proceedings are barred, since none may be commenced after three years from the date of injury (21 V.S.A. 660(a)). Attorney review is available through DocDraft.
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