Workers’ Compensation Benefits
Our Workers’ Compensation Lawyers
Understanding Temporary Total Disability Benefits
Workers who are temporarily unable to return to work due to their injuries are entitled to receive temporary total disability (TTD) benefits. These benefits are equal to 60% of the worker’s average weekly wage, up to a maximum amount set by the state.
Workers who are unable to work for more than 3 days are eligible to receive TTD benefits. However, if they are unable to work for less than 14 days, they will not be compensated for the first 3 days. If they are unable to work for 15 or more days, they will receive compensation for the first 3 days.
Temporary Partial Disability Benefits
Workers who are able to return to work in some capacity but are earning less than they did prior to their injury may be eligible for temporary partial disability (TPD) benefits. TPD benefits are equal to 60% of the difference between the worker’s pre-injury average weekly wage and their current weekly wage.
Permanent Total Disability Benefits
Workers who are left permanently and totally disabled due to their work-related injuries are entitled to receive permanent total disability (PTD) benefits. These benefits are equal to 60% of the worker’s average weekly wage, up to a maximum amount set by the state. As of 2022, the maximum weekly benefit is $2,074. PTD benefits are available for life.
PTD benefits are available if the worker has:
- Lost both arms, hands, feet, legs, eyes, or a combination of 2
- Lost the use of 2 or more limbs
- Lost their eyesight
- Lost their hearing
- Lost their voice
- Lost their ability to perform any kind of work
Workers who are left permanently and partially disabled due to their work-related injuries may be entitled to receive permanent impairment award (PIA). PIA benefits are calculated and paid once the worker has achieved maximum medical improvement. Permanent impairment is calculated by multiplying the worker’s average weekly wage by the number of weeks related to the injury’s severity. In New Hampshire, the maximum duration is 350 weeks, and the compensation is paid as a lump sum.
PPD benefits are available if the worker has:
- Lost the use of, or lost a certain percentage of use of, a limb or body part
- Suffered a permanent disfigurement to the head, neck, or face
- Suffered a permanent loss of hearing
- Lost the use of, or lost a certain percentage of use of, the shoulder, arm, hand, fingers, leg, knee, foot, toes, or eye
- Lost the use of, or lost a certain percentage of use of, the back, neck, or head
- Suffered a permanent loss of vision in one or both eyes
- Suffered a permanent loss of taste or smell
- Suffered a permanent loss of speech
- Suffered a permanent loss of lung function
- Suffered a permanent loss of heart function
- Suffered a permanent loss of kidney function
- Suffered a permanent loss of liver function
- Suffered a permanent loss of bowel or bladder function
- Suffered a permanent loss of sexual function
- Suffered a permanent loss of hearing
- Suffered a permanent loss of sense of touch
In addition to death benefits, surviving dependents may also be eligible to receive up to $10,000 for funeral expenses from the employer.
In New Hampshire, workers’ compensation is a no-fault system, which means that injured workers can receive benefits regardless of who was at fault for the accident. However, there are some types of injuries and accidents that are not covered by workers’ compensation.
Injuries that are generally not covered by workers’ compensation include:
- Injuries that were intentionally self-inflicted
- Injuries that occurred while the worker was under the influence of drugs or alcohol
- Injuries that occurred while the worker was not on the job or while the worker was commuting to or from work
Workers who are injured due to one of the following may be eligible to file a third-party personal injury claim:
- Defective products
- Unsafe work equipment or machinery
- Unsafe work conditions
- Negligent acts by non-employer parties
- And more
After a work-related accident or injury, it is important to take certain steps to protect your rights to workers’ compensation benefits. The first step is to report the accident and injury to your employer. In New Hampshire, you have 2 years from the date of the accident or the date you discovered the injury to report it to your employer. However, it is best to report the accident and your injury as soon as possible, as waiting too long could result in a denial of your claim.
It is important to note that the workers’ compensation claim process can be complex and confusing. The insurance company may also try to reduce or deny your claim.
Having an experienced attorney on your side can help ensure your rights are protected.
Our workers’ compensation lawyers in New Hampshire can guide you through the entire process, including filing a claim, appealing a denial, and more. We are committed to providing personalized, one-on-one attention and will work to help you secure the benefits you need and deserve.
In New Hampshire, there are specific deadlines that employees must adhere to when filing for Workers’ Compensation Benefits after an injury or illness. These deadlines are crucial to ensure the timely processing of claims and the receipt of benefits. By meeting these deadlines and fulfilling the necessary requirements for Workers’ Compensation claims in New Hampshire, employees can ensure that their claims are processed efficiently and that they receive the benefits they are entitled to in a timely manner.
- Reporting the Injury or Illness: Employees should report any work-related injury or illness to their employer as soon as possible. In New Hampshire, this notification should ideally occur within five days of the incident or the onset of symptoms.
- Filing a Workers’ Compensation Claim: Employees must file a formal Workers’ Compensation claim with the New Hampshire Department of Labor within two years from the date of the injury or from the date the employee knew or should have known that the injury was work-related.
- Submitting Medical Documentation: It is essential for employees to provide all necessary medical documentation supporting their Workers’ Compensation claim within a reasonable timeframe. Timely submission of medical records and reports can expedite the claims process.
- Attending Independent Medical Examinations (IMEs): If required by the employer or the insurance carrier, employees must attend any scheduled IMEs promptly. Failure to attend these examinations may impact the approval of benefits.
- Requesting Hearings or Appeals: In the event of a dispute or denial of Workers’ Compensation benefits, employees have a limited timeframe to request hearings or file appeals. It is advisable to act promptly to resolve any issues related to benefits.
In New Hampshire, the process for selecting a doctor if you’re injured at work can be complex, and understanding your rights is crucial for ensuring you receive proper medical care and workers’ compensation benefits. Initially, when you report your injury, your employer has the right to direct you to a healthcare provider of their choice. This initial visit allows the employer to ensure that you receive prompt medical attention and helps begin the documentation process for your workers’ compensation claim.
However, after this initial visit, you have more flexibility to choose your own doctor for ongoing treatment. According to New Hampshire workers’ compensation laws, you are permitted to switch to a doctor of your choice, provided you notify your employer and the insurance carrier about your decision. It’s important to select a healthcare provider experienced in treating work-related injuries and familiar with workers’ compensation procedures.
Consulting with a knowledgeable New Hampshire workers’ comp benefit attorney at Wyskiel, Boc, Tillinghast & Bolduc, P.A. can help you navigate this process effectively. We can make sure that your rights are upheld throughout your treatment and that all required notifications are sent out. We can also help you locate a licensed healthcare provider that can offer the supporting records and paperwork your claim needs.
It’s critical that you fully understand the entire spectrum of benefits that are accessible to you through workers’ compensation following an injury sustained on the job. At Wyskiel, Boc, Tillinghast & Bolduc, P.A., everything we do is committed to assisting workers injured in Dover, NJ, in maximizing their benefits and making sure they get the money they are entitled to.
Some ways to maximize your workers’ compensation benefits include:
- Seeking out medical attention for your wounds immediately
- Maintaining thorough documentation of all of your medical costs and missed income
- Following the treatment plan prescribed by your doctor and consistently attending all of your appointments
- Knowing your rights and responsibilities within workers’ compensation laws
- Speaking with a skilled lawyer at Wyskiel, Boc, Tillinghast & Bolduc, P.A. to handle any disagreements and negotiate the claims procedure
By taking proactive steps and seeking professional guidance, you can ensure that you receive the full range of benefits available to you under New Hampshire’s workers’ compensation system.
Contact Wyskiel, Boc, Tillinghast & Bolduc, P.A. today to get started with our skilled attorneys.
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FAQ
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Why do I need a workers’ comp attorney?
One reason why you need legal representation is that the insurance adjuster’s job is to save the insurance company as much money as possible, so they may try to take advantage of you by paying you as little as possible. The weekly temporary total disability benefit is also often calculated incorrectly by the workers’ compensation insurance carrier, without the injured worker or the New Hampshire Labor Department being aware of the miscalculation. There are many workers’ compensation benefits, including vocational rehabilitation and permanent partial impairment awards, which an injured worker may not fully learn from the insurance company. It is important for injured workers to obtain the advice of a knowledgeable, experienced attorney who can maximize the benefits available to the worker through the complicated workers’ compensation system.
Why should I report my work injury?
Workers’ compensation insurance carriers often deny workers cases because they aren’t reported on time. Don’t let this happen to you! If you are injured at work, notify your supervisor and it is a good idea to notify more than one person. Why should you tell your employer immediately when you are hurt? First, the law requires you to do so. Second, insurance companies can more successfully deny claims when they are reported days after the injury happens.
What should I do if I’m injured?
After you’ve received medical treatment, you must notify your employer of your illness or injury immediately after your accident—your employer must report the incident and may have you fill out paperwork for workers’ compensation benefits. Save all receipts from the doctor or hospital and write down every detail of the event you remember, as soon as possible, such as the date of the injury, witnesses present, and any other relevant information. Then, give our firm a call right away to hire legal representation.
What benefits can I obtain?
Workers’ compensation wage replacement benefits are paid at 60% of your gross average weekly wage if your doctors say you are totally disabled. Benefits should continue for as long as you lose time from work or are unable to earn your pre-injury wage. You may receive partial or total benefits, depending on the extent of your injury, and insurance carriers often get it wrong.