How much could we owe after my employee's Burlington road-work lane-shift crash?
Usually $0 directly to your employee if you had valid Vermont workers' comp coverage.
That is the part most business owners need first. In Vermont, workers' compensation is usually the exclusive remedy for an employee hurt on the job, even in a messy Burlington construction-zone crash with shifted lanes, faded markings, flaggers, and possible driver confusion. That means your employee normally gets paid through workers' comp, not by suing your company for ordinary negligence.
What the claim can cost overall is different.
Your workers' comp carrier may owe all reasonable medical treatment and wage-loss benefits. Temporary disability is generally about 66 2/3% of the worker's average weekly wage, subject to Vermont limits. If the employee has a lasting impairment, there may also be a permanency award.
Your business may still feel the loss through:
- Workers' comp premium increases
- Any commercial auto deductible
- Possible property damage and downtime
- A liability claim from other drivers if your employee caused the crash
If your employee was driving a company vehicle and another party may share blame - for example, a contractor set up a confusing lane shift on Shelburne Road, markings were worn out, or a flagger waved traffic through unsafely - there may be a third-party claim. In Vermont, the general personal injury deadline is 3 years from the crash, and Vermont's modified comparative fault rule can reduce recovery or bar it if that party is found more than 50% at fault.
The immediate deadline for you is much shorter: once you learn of a work injury requiring medical care or causing lost time, the employer's injury report should go promptly to your carrier and the Vermont Department of Labor, typically within 72 hours.
If you had no workers' comp insurance, the exposure can jump fast: medical bills, wage loss, penalties, and direct civil liability can all land on the business.
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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