Can my Barre boss fire me for filing after a crash worsened my back injury?
Three years is Vermont's usual deadline to sue over a crash, and the part most people get wrong is this: your old back problem does not cancel your claim.
Vermont follows the eggshell plaintiff rule. If a July 4 hydroplaning wreck on I-89 near Barre or a holiday-weekend crash on Route 302 made a prior disc issue worse, the at-fault driver is still responsible for the aggravation they caused. They do not get a discount because you had an old MRI, prior physical therapy, or a workers' body from years of lifting and wear.
Insurers love to weaponize that old MRI. The usual line is: "This was already there." That is only half a story. Degeneration on a scan is common. The real question is what changed after the crash: more pain, new symptoms, missed work, stronger medication, injections, new restrictions, or a new diagnosis. Records from Central Vermont Medical Center, your PCP, PT, and pharmacy can show the before-and-after.
Your employer also does not get to decide whether you file a claim against the other driver's insurance. That is your claim.
What can happen at work is separate. Vermont is generally an at-will employment state, but that does not mean every hours cut or push-out is untouchable. If your injuries qualify as a serious health condition, leave protections may apply under the Vermont Parental and Family Leave Act or FMLA depending on employer size and your hours worked.
Do these early:
- Report the crash to your insurer right away.
- Tell every medical provider your condition was worsened by the crash.
- Ask for copies of any old imaging and compare it with post-crash findings.
- Keep a log of missed shifts, reduced duties, and any schedule changes after you report the injury.
If the adjuster keeps waving an old MRI around, that usually means they see the claim and are trying to shrink it.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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