Who Is Covered?
Virtually all employees must be covered by workers' compensation insurance. The only exceptions are the following types of workers:
• Casual employees and those not engaged in the employer's usual business
• Agricultural employees, but only if the employer's payroll is less than $10,000 per year
• Family members of the employer who live with the employer
• A sole proprietor who is independent, without employees, and whose contract work is separate and under a written agreement affirming the state of independence of the sole proprietor
• A sole proprietor who incorporates, then excludes all corporate officers from coverage, and has no employees
• Individuals performing services in or around a private dwelling
• Real estate brokers or salespersons
Independent contractors and employers must agree in writing which of them is responsible for workers' compensation insurance. If the contractor does not have coverage, the employer is responsible for coverage. A single person working alone as an independent contractor need not have coverage but must cover any employees working for him or her.
All employers that are subject to the workers' compensation laws must register with the Department of Labor and Industry (VT Stat. Tit. 21 Sec. 601 et seq.). What Is Covered?
"No-fault" system. Workers' compensation is a no-fault system. Employees receive compensation without having to prove that the employer was at fault for the injury. They need only show that the injury arose "out of and in the course of employment." This no-fault aspect distinguishes workers' compensation from ordinary "tort" law, which provides for the compensation of injured people in most other circumstances. Under tort law, a person receives compensation only if ...