The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 21 : Labor
Chapter 009 : Employer's Liability and Workers' Compensation
(Cite as: 21 V.S.A. § 646)-
§ 646. Temporary partial disability benefits
(a)(1) Where the disability for work resulting from an injury is partial, beginning on the eighth day of the period of disability, the employer shall pay the injured employee a weekly compensation equal to the greater of:
(A) the difference between the amount the injured employee would be eligible to receive pursuant to section 642 of this chapter, including any applicable cost of living adjustment or dependency benefits that would be due, and the wage the injured employee earns during the period of disability; and
(B) two-thirds of the difference between the injured employee’s average weekly wage before the injury and the amount the employee earns during the period of disability.
(2) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
[Subsection (b) effective until July 1, 2028; see also subsection (b) effective July 1, 2028 set out below]
(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $20.00 per week for each dependent child under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
(2) The amount allowed for dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
[Subsection (b) effective July 1, 2028; see also subsection (b) effective until July 1, 2028 set out above]
(b) [Repealed.] (Amended 1963, No. 191, § 5; 1965, No. 67, § 4; 1967, No. 122, § 8; 1981, No. 204 (Adj. Sess.), § 8; 1991, No. 264 (Adj. Sess.), § 2; 2023, No. 76, § 31, eff. July 1, 2023; 2023, No. 76, § 32, eff. July 1, 2028.)
-
§ 646. Temporary partial disability benefits [Effective July 1, 2028]
(a)(1) Where the disability for work resulting from an injury is partial, beginning on the eighth day of the period of disability, the employer shall pay the injured employee a weekly compensation equal to the greater of:
(A) the difference between the amount the injured employee would be eligible to receive pursuant to section 642 of this chapter, including any applicable cost of living adjustment or dependency benefits that would be due, and the wage the injured employee earns during the period of disability; and
(B) two-thirds of the difference between the injured employee’s average weekly wage before the injury and the amount the employee earns during the period of disability.
(2) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
(b) [Repealed.] (Amended 1963, No. 191, § 5; 1965, No. 67, § 4; 1967, No. 122, § 8; 1981, No. 204 (Adj. Sess.), § 8; 1991, No. 264 (Adj. Sess.), § 2; 2023, No. 76, § 31, eff. July 1, 2023; 2023, No. 76, § 32, eff. July 1, 2028.)
