New Hampshire Workers’ Compensation – What are Your Benefits?

A benefit for anyone living in New Hampshire is that the state’s unemployment rate is well below the national average. New Hampshire also ranks 4th in fewest work fatalities in 2023. When one of the state’s 753,720 employed residents experiences a work injury, they may receive New Hampshire workers’ compensation.

A form of no-fault insurance, workers’ compensation covers employees who get hurt on the job. The employee pays nothing and can cover medical bills, lost wages, and even lump-sum disability payments. However, in return for this coverage, an employee forfeits the right to sue for their injury.

In most cases, the system ends up being mutually beneficial. But it’s important for any New Hampshire employees to know the protections and benefits available to them.

Who’s Covered by New Hampshire Workers’ Compensation Insurance?

New Hampshire has a near universal policy of workers’ compensation. That means New Hampshire law requires every employer to provide workers’ compensation insurance offering important workplace protections.

As such, nearly every employee in the state of New Hampshire will have some type of workers’ comp coverage. This extends to full-time and part-time employees, or relatives who work under a family business.

Even undocumented workers are covered by New Hampshire workers’ compensation, paying for medical bills from an accident.

Who is Exempt from NH Workers’ Comp?

Of course, there are always a few exceptions to every rule. In New Hampshire, it is not a requirement for a company to provide workers’ comp for the following groups:

• Sole proprietors/self-employed individuals
• Limited liability corporations (LLCs)
• Corporations with no more than three officers (and no employees beyond those three)
• Independent contractors (though injured workers should make sure they’ve not been misclassified)

Certain other types of employees may also be exempt from coverage including:

• Real estate brokers, agents, or appraisers
• Direct salespeople
• Railroad employees covered under the Federal Employers’ Liability Act
• Dockworkers covered under another workers’ compensation plan like the Longshore and Harbor Workers’ Compensation Act

Employer Penalties for Not Having NH Workers’ Comp Coverage

Except for the few exceptions under New Hampshire workers’ comp laws, employers must provide policies for their employees.

Any employer who violates New Hampshire’s workers’ compensation statutes by not providing coverage may experience serious consequences.

An employer may face a lump-sum fine of $2,500 and additional fines of $100 per employee per day of non-compliance.

New Hampshire employers must also report work-related injuries within five days of receiving notification from an employee. Failing to report the incident in that time frame could lead to additional fines of up to $2,500.

Finally, the state may suspend a company’s ability to conduct business if they continue ignoring New Hampshire workers’ comp requirements.

Benefits Offered by New Hampshire Workers’ Compensation

While an injured employee receives benefits covering medical bills and lost wages, the type of workers’ compensation injury determines how much you’ll get.

In other words, the severity, extent and duration of an injury affects the total compensation an injured worker may receive.

In general there are four different types of workers’ comp benefits available.

Temporary Disability Benefits

Temporary disability benefits are available when workers have injuries that can reasonably improve with treatment during a finite time frame.

This means that with consistent and appropriate treatment, an employee will likely be able to return to work after healing.

Within the temporary disability category, there are two options:

• Temporary Total Disability (TTD) benefits kick in when an employee is completely unable to work, but for a limited time period.
• Temporary Partial Disability (TPD) benefits cover things like lost wages while an employee is recovering from an injury. With TPD, the injured worker may still be able to perform limited work. These benefits are in place to make up any lost income from part-time wages and a worker’s pre-injury salary.

Permanent Disability Benefits

If an employee reaches their Maximum Medical Improvement (MMI) and they are still unable to work, they’ll transition to permanent disability benefits.

In order to get permanent disability benefits, a worker must show that their injury forever diminishes their employability. Usually this determination will come after an independent medical evaluation.

There are two categories within permanent disability benefits—total and partial.

Permanent Total Disability (PTD) benefits come into play when the injured worker is never able to return to gainful employment. The duration of benefits depends on multiple factors, but in serious cases, they may last throughout the worker’s life.

Permanent Partial Disability (PPD) benefits kick in when a worker’s MMI is never 100% of what they were pre-accident.

However, with PPD, the employee can still perform alternative employment. To determine these awards, a doctor will usually assign a percentage of ability loss to help adjusters settle a claim.

How to File for New Hampshire Workers’ Compensation Benefits

The first step in filing for workers’ compensation in New Hampshire is to report your injury or illness to your employer. Do this as soon as possible so as not to delay any benefits.

You will then need to fill out an accident report (form 8aWCA). You can get this form from your employer or online via the New Hampshire Department of Labor.

Make sure to keep a copy for yourself before submitting the form to your employer. Though you have two years to report a work-related injury/illness to your employer, you’re better off doing it immediately.

After you report your work-related condition, your employer is under legal obligation to forward that information to the state.

Types of Evidence You Should Gather

To qualify for New Hampshire workers’ compensation, an employee need only prove that their injury directly results from their job.

That means their condition occurred during the course and scope of employment. The translation of that fancy legal term is basically just “while performing one’s work duties.”

As such, an employee’s medical records become vitally important evidence. Make sure you keep detailed documentation of all hospital and doctor’s visits, surgeries, medications, and so on.

Other things to note or acquire may include:

• Details of the incident. Make sure you document when, how, and where the injury happens and any other pertinent details.
• Witness statements. In case your employer contests a claim, it will help to have statements from people who saw the accident occur.
• Work history. Some of your claim will be contingent upon your work duties, and if you’re able to return. As such, noting how long you’ve been doing your job, what it entails, and how long you’ve been with your company may be important.

Injuries Associated with New Hampshire Workers’ Compensation

Almost any injury or illness an employee can prove was caused from their employment should qualify them for workers’ comp.

Injuries that require medical attention or time off work may be covered. This may include both one-time accidents or long-term occupational illnesses or injuries.

It doesn’t matter whose fault it is—workers’ comp is a type of no-fault insurance.

However, it does matter that the injury happens during the workers’ course and scope of employment. And employer will likely reject claims that may happen at work but are:

• Self-inflicted or intentional
• Due to horseplay or fighting
• Injuries from under the influence of drugs or alcohol
• Violations of company policy

Anyone thinking of levying a false claim to get benefits should remember there are stiff penalties for workers’ comp fraud.

Can You See Your Own Doctor?

Yes, in most New Hampshire workers’ comp cases, you have the right to choose your own doctor. The only caveat is that if you work for a company with a managed care plan, then you must choose from a list of approved doctors.

Whatever the case, make sure that you always alert any treating medical professionals that this is a workers’ comp case. Have them send all bills to your employer, not you.

Also keep records for yourself and make sure they clearly explain your work-related condition.

Deadline to File Your NH Workers’ Comp Claim

The statute of limitations to file a NH workers’ comp claim is two years from the date of your injury. For claims involving compensation, medical benefits, or death benefits, the worker must file a claim within 3 years from the date of injury.

The best policy for you to remember is that you won’t get any benefits if you don’t report your condition. So, alerting your employer to your injury or illness right away is always the best move.

What if Your NH Workers’ Compensation Claim was Denied?

If you receive a denial for your New Hampshire workers’ compensation claim, don’t give up. Sometimes claims don’t go through on the first attempt owing to missing information or inadequate medical evidence.

If you receive a claim rejection notification, you should absolutely request a hearing via the New Hampshire Department of Labor.

You have up to 18 months to log your request from the date of denial. Hearings are usually scheduled within four to six weeks from the date of the request.

Anyone who finds themself in this position should definitely consult with a workers’ comp lawyer. You may need someone by your side to ensure you have the correct documentation to win your appeal.

Find a New Hampshire Workers’ Compensation Attorney

Instead of entering into these negotiations at a disadvantage, let LegalASAP help connect you with a lawyer in your area.

They can evaluate your case, help with paperwork, and negotiate settlements. Plus, since workers’ comp attorneys work on contingency, you won’t have to pay anything out-of-pocket for legal services.

Schedule a free consultation today, so you can get back in action as soon as possible.