Labor & Employment (Workers' Compensation)

This bill (S.173) simplifies access to job training help for injured workers under Vermont's workers' compensation system. It removes outdated screening requirements and allows workers to start vocational rehabilitation services themselves if employers don't assign a provider within 90 days of injury. The bill also creates a new, funded position for a State Mediator at the Vermont Labor Relations Board, providing free mediation to resolve disputes between public and private employers and employees. These changes directly affect injured workers, employers, and the Labor Relations Board, aiming to improve access to rehabilitation services and dispute resolution. The mediator role will be funded with $115,000 in fiscal year 2027.

This Vermont bill (S.306) defines 911 call takers, public safety dispatchers, and emergency communications staff as "first responders in communications" for the first time. It requires employers to provide relevant training and extends workers' compensation benefits for PTSD to these dispatchers, presuming PTSD diagnosed during service is job-related unless proven otherwise. The law specifically covers Vermont dispatchers certified by the Vermont Enhanced 911 Board who handle emergency communications. It takes effect July 1, 2026, and directly affects all Vermont emergency communications dispatchers.

H.459 would prevent employers from requiring employees to use parental or family leave benefits for time off due to a work-related injury or illness that is already covered by workers' compensation. This directly affects employees who experience job-related injuries or illnesses and might otherwise be forced to exhaust their leave benefits for such absences. The key provision ensures that for compensable work-related injuries or illnesses, employees instead receive workers' compensation benefits, not parental or family leave. The bill aims to clarify that parental and family leave should be reserved for its intended purposes, such as childbirth or caring for a family member, rather than for work-related medical situations.

This bill updates Vermont's workers' compensation system by expanding wage definitions to include health insurance benefits, requiring employers to cover translation services for non-English speaking injured workers, and creating a process for requesting medical case management services. Insurers must approve or deny medical case management requests within 14 days, with injured workers able to seek Department intervention if denied. It also increases penalties for late payments, charging 5% of the benefit amount for the first late payment, escalating to 25% for fifth or subsequent late payments. The changes directly affect injured workers (especially non-English speakers), employers, and insurance carriers, aiming to improve access to care and timely compensation.