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VT · Workers' compensation

Vermont Workers' Compensation Insurance

Who must carry coverage in Vermont, how owners and officers are treated, what happens if you go without it, and how to compare carriers.

Vermont requires workers' compensation coverage from any employer who hires one or more employees, full-time or part-time, with no exemption based on business size. Owners of unincorporated businesses (sole proprietors and partners) are automatically excluded from the coverage requirement for themselves but can still be required to insure any employees they hire.

Who must carry coverage in Vermont

Vermont requires workers' compensation coverage from any employer who hires one or more employees, full-time or part-time, with no exemption based on business size. Owners of unincorporated businesses (sole proprietors and partners) are automatically excluded from the coverage requirement for themselves but can still be required to insure any employees they hire. See the Vermont Department of Labor's employer guide.

Owners, officers, LLC members

Sole proprietors and partners are automatically excluded from mandatory coverage on themselves, though they may voluntarily purchase a policy. Corporate officers are automatically covered by default and can only be excluded with prior written approval from the Vermont Department of Labor. Family members living with an owner can be included on a policy without separate departmental approval as long as they are clearly designated. Employers should confirm current exclusion paperwork on file with the Department for any officer who intends to opt out, since approval is required in advance rather than assumed.

Independent contractors and subcontractors

Vermont places the burden on the hiring employer to show that a 1099 worker genuinely meets the legal definition of an independent contractor, weighing factors like who controls the work, who supplies tools, and how the work is performed; a business remains responsible for a subcontractor's coverage if that subcontractor turns out to be uninsured or doesn't meet the independent-contractor test. Collecting a current certificate of insurance from subcontractors before work begins is the standard way employers protect themselves.

Penalties for going without coverage

An employer without required coverage faces a penalty of up to $50 per day (capped at $5,000) before formal notice is given, rising to up to $150 per day if coverage isn't obtained within five days of notice. Beyond the daily fines, an uninsured employer loses several standard legal defenses in an employee's injury lawsuit, and the state can order a noncompliant business to stop operating.

What injured workers receive

Injured workers receive necessary medical treatment with no dollar cap. Temporary disability benefits are calculated as a share of the worker's average weekly wage, subject to minimum and maximum compensation rates that the Vermont Department of Labor adjusts annually; employers and workers should check the Department's current-year rate table for the exact figures in effect. Permanent disability and death benefits are calculated separately under Vermont's workers' compensation statute.

How workers' comp is bought in Vermont

Vermont is a competitive market state rated by NCCI, so our agency can shop coverage across the private carriers that write business here. Employers who can't find a voluntary carrier are placed through the NCCI-administered assigned risk plan, which assigns the account to a servicing carrier. There is no Vermont state-run workers' comp fund. Because Vermont's coverage requirement attaches at the very first employee, even a one-person business that's about to make its first hire should have coverage lined up in advance.

Rating bureau

National Council on Compensation Insurance

Visit NCCI

Uses NCCI class codes.

Regulator

Vermont Department of Labor, Workers' Compensation & Safety Division

802-828-2286

Visit the regulator

Popular class codes

Class codes describe the work your employees perform and drive how payroll is rated. Browse the groups below or search the full lookup.

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Vermont workers' comp questions

Do I need workers' comp for one part-time employee in Vermont?

Yes. Vermont requires coverage as soon as a business hires even one part-time employee, with no exemption based on company size.

Are Vermont sole proprietors automatically covered?

No, the opposite: sole proprietors and partners are automatically excluded from coverage on themselves, though they can choose to buy a policy voluntarily.

Can a Vermont corporate officer opt out of coverage?

Yes, but only with prior written approval from the Vermont Department of Labor; officers are covered by default until that approval is granted.

Is there a Vermont state fund for workers' comp?

No. Vermont doesn't operate its own fund; employers buy from the competitive private market, and hard-to-place risks go through the NCCI-administered assigned risk plan.

What happens if a Vermont employer doesn't carry required coverage?

The state can fine the employer up to $50 per day before notice (capped at $5,000) and up to $150 per day after notice, and the employer loses several standard legal defenses if sued by an injured worker.

Do I need proof of insurance from a Vermont subcontractor?

Yes. A hiring business can be held responsible for a subcontractor's coverage if that subcontractor is uninsured or doesn't meet Vermont's independent-contractor test, so a current certificate of insurance is standard practice.

Last reviewed · Reviewed by Provident Financial Group licensed agents

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One application goes out to every carrier we can access for your class of business. You get a ranked comparison you can review and purchase online — with a licensed agent available whenever you want one.

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