Workers' Compensation Benefits

New Hampshire Workers' Compensation Benefits

What Benefits Are Available to Workers in New Hampshire?

Workers' compensation benefits are designed to provide financial assistance to employees who have been injured on the job or who have developed an illness or medical condition due to their work. In New Hampshire, injured workers are entitled to receive certain benefits, regardless of who was at fault for the accident. These benefits are available in addition to any benefits available through a personal injury claim against a negligent third party.

Our New Hampshire workers' compensation lawyers at Wyskiel, Boc, Tillinghast & Bolduc, P.A. can help you understand your rights and work to maximize your benefits. We have extensive experience handling these cases and have helped numerous clients recover the compensation they were owed.

Call (603) 742-5222or contact us onlineto request a consultation with our team.

Medical Benefits

Injured workers in New Hampshire are entitled to receive reasonable and necessary medical care related to their injuries. This includes the cost of medical treatment, prescriptions, physical therapy, and medical devices, such as crutches or wheelchairs. Workers may also be reimbursed for the cost of travel to and from medical appointments.

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

Permanent Impairment Award

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

Death Benefits

When a worker is killed in a workplace accident, the worker's surviving dependents are entitled to receive death benefits. Dependents who may be eligible to receive death benefits include the worker's spouse, minor children, adult children who are disabled, and other family members who were financially dependent on the worker.

In addition to death benefits, surviving dependents may also be eligible to receive up to $10,000 for funeral expenses from the employer.

What Is Not Covered by Workers' Compensation?

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

What Steps Should I Take After a Work Injury?

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.

Are There Specific Deadlines for Injured Employees in NH Filing for Workers' Compensation Benefits?

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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

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