When is someone entitled to Workers Compensation benefits under NH Law?

Whenever someone suffers a work related injury during the course of their employment, they are eligible for worker's compensation benefits. It does not matter if the injury was caused by your fault or someone else's fault, so long as it is work related.

What benefits are available to me under NH Workers Compensation law?

In general, you may be entitled to the following benefits:

• Workers' compensation weekly benefits if you are unable to work as a result of your work injury, which may be total disability benefits, permanent partial benefits, temporary partial benefits, or a combination of all three during the course of your disability and recovery; Typically benefits continue for a maximum of 252 weeks, unless you remain totally disabled for a longer period.
• Payment of reasonable medical services related to your work injury;
• Permanent Impairment award: this amount depends on the part of your body affected, the percentage of the loss of function, and the amount of your weekly benefits. This awards requires a finding by a physician of permanent impairment; Vocational rehabilitation if you are unable to return to the type of work you performed prior to your work injury;
• Death benefits if a work injury results in your death. This includes burial expenses and weekly benefits for your spouse and/or dependents.

How is my workers' compensation rate calculated?

Your compensation rate is based upon sixty percent (60%) of your average weekly wage. To calculate average weekly wage your gross wages are added together for up to fifty two (52) weeks preceding your work relating injury and then divided by the number of weeks. This is also known as your "comp rate".

Who is covered by workers' compensation insurance?

Most employees are covered by workers' compensation insurance. New Hampshire law requires New Hampshire employers with one or more employees to have workers' compensation insurance and employers can face criminal penalties and fines if they do not have the required insurance. Usually, independent contractors are not covered by workers' compensation insurance.

I've been injured at work, what do I do now?

The first thing you should do is promptly report your injury to your employer. A report form must be completed and filed by your employer and with the company's worker compensation insurance carrier. You should then seek medical care for your injury. You are usually entitled to choose your own physician unless your employer or their workers' compensation carrier belongs to a managed care network.

Once you have made the report of injury, your employer and/or insurance carrier is required to report your injury to the New Hampshire Department of Labor. You must file a claim for benefits with the New Hampshire Department of Labor within three years of your injury or you will be barred from recovering benefits.

What is an Independent Medical Examination?

If you are eligible to receive weekly workers' compensation payments, your employer and/or their workers' compensation insurance carrier has the right to request you undergo a medical examination by a physician of their choice at their own expense. You are entitled to mileage reimbursement for your attendance at the examination. You may also have a health care provider of your choice present, at your expense, at the examination. By law, you are not required to submit to more than two independent medical examinations per year, except in special limited circumstances. If you refuse to attend an independent medical examination that has been requested, your right to weekly payments may be suspended.

Who pays for a lawyer?

You are responsible for paying your attorney. All attorneys fees must be approved by the Department of Labor. Generally, the Department of Labor approves a fee of twenty percent (20%) of any lump sum settlements. There can be exceptions. If you or the worker's compensation insurance carrier appeal a decision of a hearing officer and you prevail before the appeals board, the worker's compensation insurance carrier pays your attorneys fees.