Vermont Statutes Title 21 Sec. 642
Terms Used In Vermont Statutes Title 21 Sec. 642
- Average weekly wages: means the average weekly wages as computed under section 650 of this title. See
- Child: includes a stepchild, adopted child, posthumous child, grandchild, and a child for whom parentage has been established pursuant to 15 Vt. See
- Dependent: A person dependent for support upon another.
- employee: means an individual who has entered into the employment of, or works under contract of service or apprenticeship with, an employer. See
- Employer: includes any body of persons, corporate or unincorporated, public or private, and the legal representative of a deceased employer, and includes the owner or lessee of premises or other person who is virtually the proprietor or operator of the business there carried on, but who, by reason of there being an independent contractor or for any other reason, is not the direct employer of the workers there employed. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Minimum weekly compensation: shall mean a sum of money equal to 50 percent of the average compensation, rounded to the next higher dollar. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Wages: includes bonuses and the market value of board, lodging, fuel, and other advantages that can be estimated in money and that the employee receives from the employer as a part of his or her remuneration; but does not include any sum paid by the employer to his or her employee to cover any special expenses entailed on the employee by the nature of his or her employment. See
§ 642. Temporary total disability benefits
(a)(1) Where the injury causes total disability for work, during the disability, but not including the first three days with the day of the accident to be counted as the first day unless the employee received full wages for that day, the employer shall pay the injured employee a weekly compensation equal to two-thirds of the employee’s average weekly wages.
(2) The weekly compensation shall be in an amount that is not more than the maximum nor less than the minimum weekly compensation.
(3) 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.
[Subdivision (b)(1) effective until July 1, 2028; see also subdivision (b)(1) 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 who is under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
[Subdivision (b)(1) effective July 1, 2028; see also subdivision (b)(1) effective until July 1, 2028 set out above.
(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $10.00 per week for each dependent child who is 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 the dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
(c) Notwithstanding any provision of subsection (a) or (b) of this section to the contrary:
(1) An employee’s total weekly wage replacement benefits, including any payments for a dependent child, shall not exceed 90 percent of the employee’s average weekly wage prior to applying any applicable cost of living adjustment.
(2) If the total disability continues after the third day for a period of seven consecutive calendar days or more, compensation shall be paid for the whole period of the total disability. (Amended 1959, No. 191, § 2; 1963, No. 191, § 3; 1965, No. 67, § 2; 1965, No. 73; 1967, No. 122, § 6; 1971, No. 158 (Adj. Sess.), § 2; 1973, No. 64, § 3; 1977, No. 182 (Adj. Sess.), § 8, eff. May 3, 1978; 1981, No. 204 (Adj. Sess.), § 5; 1993, No. 225 (Adj. Sess.), § 6; 2003, No. 132 (Adj. Sess.), § 3, eff. May 26, 2004; 2023, No. 76, § 33, eff. July 1, 2023; 2023, No. 76, § 34, eff. July 1, 2028.)
§ 642. Temporary total disability benefits [Effective July 1, 2028]
(a)(1) Where the injury causes total disability for work, during the disability, but not including the first three days with the day of the accident to be counted as the first day unless the employee received full wages for that day, the employer shall pay the injured employee a weekly compensation equal to two-thirds of the employee’s average weekly wages.
(2) The weekly compensation shall be in an amount that is not more than the maximum nor less than the minimum weekly compensation.
(3) 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)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $10.00 per week for each dependent child who is 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 the dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
(c) Notwithstanding any provision of subsection (a) or (b) of this section to the contrary:
(1) An employee’s total weekly wage replacement benefits, including any payments for a dependent child, shall not exceed 90 percent of the employee’s average weekly wage prior to applying any applicable cost of living adjustment.
(2) If the total disability continues after the third day for a period of seven consecutive calendar days or more, compensation shall be paid for the whole period of the total disability. (Amended 1959, No. 191, § 2; 1963, No. 191, § 3; 1965, No. 67, § 2; 1965, No. 73; 1967, No. 122, § 6; 1971, No. 158 (Adj. Sess.), § 2; 1973, No. 64, § 3; 1977, No. 182 (Adj. Sess.), § 8, eff. May 3, 1978; 1981, No. 204 (Adj. Sess.), § 5; 1993, No. 225 (Adj. Sess.), § 6; 2003, No. 132 (Adj. Sess.), § 3, eff. May 26, 2004; 2023, No. 76, § 33, eff. July 1, 2023; 2023, No. 76, § 34, eff. July 1, 2028.)