New Hampshire Workers' Compensation Appeals Attorney
Experienced Advocacy in Your Fight for Benefits
You don’t have to play the game by the insurance company’s rules. Remember, it is their goal to save money, even if it means depriving you of rightful benefits which are specifically meant for you. Our team at Wyskiel, Boc, Tillinghast & Bolduc, P.A. can help you combat claims adjusters, hearing examiners, and others who are relatively privy to these hearings and make it harder for you to obtain a favorable outcome. We are here to level the playing field, protect your rights, and work diligently to secure the maximum benefits owed to you.
Contact Wyskiel, Boc, Tillinghast & Bolduc, P.A. at (603) 742-5222 to ensure your rights are protected and you receive the benefits you deserve!
When Can You Appeal a Workers’ Compensation Case in New Hampshire?
In New Hampshire, workers’ compensation claims can be denied for a variety of reasons, including insufficient medical evidence, failure to meet filing deadlines, or disputes about whether the injury was truly work-related. If your claim is denied, you have the right to appeal the decision.
You can file an appeal if:
- Your claim was denied by the insurance carrier.
- You disagree with the amount of compensation provided.
- Your benefits were terminated early, and you believe you still qualify for further compensation.
According to RSA 281-A:42-d, if your claim is denied, you have 18 months from the date you receive notice of denial to request a hearing with the New Hampshire Department of Labor. Acting quickly is critical to preserving your right to appeal, as missing this deadline may forfeit your chance to secure benefits.
Requesting Reconsideration for a Workers’ Compensation Denial
If your claim has been denied, your first step may be to request a reconsideration from the insurance company. In many cases, claims are denied because of incomplete medical records or miscommunications between the insurer and the worker. Before moving to a formal appeal, you can contact the insurance carrier, provide additional documentation, and ask for reconsideration.
When requesting reconsideration, it’s essential to:
- Provide all relevant medical records that demonstrate the extent of your injury.
- Include statements from your physician confirming the work-related nature of your injury.
- Ensure all paperwork is accurately completed, as minor errors can result in claim denial.
If your reconsideration is unsuccessful, the next step is to file a formal appeal with the Department of Labor. A skilled attorney can guide you through the process, ensuring all procedural requirements are met and providing a strong argument for your reconsideration.
How Workers’ Compensation Appeals Are Handled in New Hampshire
In New Hampshire, workers’ compensation appeals are handled through a hearing process. The appeals process includes several steps:
Step 1: Filing the Appeal
After a denial, you can file an appeal with the New Hampshire Department of Labor. You’ll be required to submit a formal petition for a hearing within 18 months of your denial notice. This hearing will provide you the opportunity to present your case before an administrative officer.
Step 2: Mediation
In some cases, a mediation session is scheduled before the formal hearing. Mediation gives both parties an opportunity to resolve the dispute without going to a hearing. A neutral mediator helps facilitate discussion and negotiate a settlement. While not mandatory, mediation can sometimes lead to a quicker resolution.
Step 3: Formal Hearing
If mediation does not result in an agreement, the case proceeds to a formal hearing. During the hearing, both you and the insurance company will present evidence, including medical records, testimony from doctors, and witness statements. The hearing officer will review all the evidence and issue a decision regarding your benefits.
Step 4: Appeal to the Compensation Appeals Board
If you disagree with the outcome of the hearing, you can appeal the decision to the New Hampshire Compensation Appeals Board. This is a more formal process where a panel of judges will review your case and make a final determination. If necessary, further appeals can be made to the New Hampshire Supreme Court, though such cases are rare.
Timing is crucial, as any delays can affect the outcome of your case. Consult with a workers' compensation appeals attorney to ensure your appeal is handled promptly and effectively.
Challenges to Getting Workers’ Compensation in New Hampshire
While workers’ compensation is designed to support injured workers, obtaining benefits can be challenging for several reasons:
- Lack of Medical Evidence: One of the most common reasons claims are denied is insufficient medical evidence. Workers must demonstrate that their injury is directly related to their job. If the injury is not well-documented or if the insurance company disputes the severity, benefits may be denied.
- Pre-Existing Conditions: If you have a pre-existing condition that may have contributed to your injury, the insurance company may argue that your condition is not work-related. Proving that your injury was caused or aggravated by your job is essential.
- Missed Deadlines: New Hampshire law requires injured workers to notify their employer of an injury within two years and file a claim for benefits within three years. Missing these deadlines can result in automatic denial of benefits, even if your injury is legitimate.
- Insurance Company Tactics: Insurance companies often seek to minimize payouts. They may claim that your injury is not as severe as reported or argue that you can return to work earlier than recommended by your doctor.
How Our New Hampshire Workers’ Compensation Appeals Lawyers Can Help
At Wyskiel, Boc, Tillinghast & Bolduc, P.A., our team of dedicated attorneys is well-versed in New Hampshire workers' compensation laws. We provide personalized legal representation to ensure your rights are protected throughout the appeals process.
Our Approach
- Thorough Case Evaluation: We conduct a detailed analysis of your case to identify strengths and weaknesses, ensuring a solid foundation for your appeal.
- Expert Negotiation: Our attorneys are skilled negotiators, working tirelessly to achieve the best possible outcome during mediation.
- Comprehensive Representation: From filing paperwork to representing you at hearings, we handle every aspect of your appeal with dedication and precision.
Why Choose Wyskiel, Boc, Tillinghast & Bolduc, P.A.?
When it comes to appealing a workers’ compensation claim, experience matters.Our firm is known for its client-focused approach, in-depth knowledge of New Hampshire law, and proven track record of success in workers' compensation cases. We are committed to fighting for your rights and securing the benefits you deserve.
Take action by calling our proven firm at (603) 742-5222 today and requesting a free consultation to speak with an experienced workers’ compensation lawyer.
Legal Timeframes and Important Considerations
Understanding the legal timeframes for filing claims and appeals is essential for protecting your rights. Workers in New Hampshire have two years to report workplace injuries and three years to file a claim for benefits. If your claim is denied, you have 18 months to request a hearing.
Reporting Injuries and Choosing a Doctor
After a workplace injury, it's critical to report it to your employer immediately and fill out an accident report. You have the right to choose your own doctor, and it's important to inform them of the work-related nature of your injury. Proper documentation from your healthcare provider can be pivotal in supporting your claim or appeal.
