Vermont Supreme Court: Workers’ Comp Benefit Doesn’t Bar Damage Suit

The Vermont Supreme Court has reinstated the negligence claim of a man whose hand was crushed when an acetylene tank fell on it, saying his acceptance of workers’ compensation benefits from his employer didn’t by itself bar him from filing suit for damages.

In a unanimous decision, the court reversed an Addison County judge’s ruling that said Carl Smith couldn’t sue for damages because he accepted the benefits.

The high court said Smith could sue because employer Desautels House Movers Inc. didn’t have workers’ compensation insurance but didn’t require him to waive his right to sue before paying him benefits.

The Supreme Court reversed a lower court decision in saying that Smith retained his right to sue because he never completed a signed, written agreement waiving his right to do so.