Best Workers Compensation Lawyers in New Hampshire

About Workers Compensation Law in New Hampshire, United States

Workers compensation in New Hampshire is a system designed to protect employees who are injured or become ill as a direct result of their job. This law requires most employers to carry insurance that provides benefits to cover medical expenses, lost wages, and rehabilitation costs. The goal is to ensure swift and fair compensation to workers while protecting employers from lawsuits. If you have been hurt at work or developed a job-related illness in New Hampshire, you are typically entitled to receive these benefits regardless of fault, with only a few exceptions.

Why You May Need a Lawyer

Navigating the workers compensation process can be complex, especially when there are disputes about eligibility, benefits, or the severity of an injury. You may need to consult a lawyer if your claim is denied, your benefits are delayed, you face retaliation or termination after filing a claim, or the benefits offered do not cover your expenses. A legal professional can guide you through hearings, appeals, and negotiations, ensuring your rights are protected and you receive all benefits you are legally owed.

Local Laws Overview

New Hampshire’s workers compensation law is governed primarily by RSA Chapter 281-A and is administered by the New Hampshire Department of Labor. The law requires virtually all employers to provide workers compensation insurance for their employees from the first day of employment. The law covers medical benefits, wage replacement, and compensation for permanent impairments, as well as vocational rehabilitation in some cases. Certain workers like independent contractors may not be covered. Employees must report injuries to their employers as soon as possible. The employer should then file a First Report of Injury with the Department of Labor within five days. Disputes are handled through administrative hearings and appeals with the Department of Labor.

Frequently Asked Questions

What types of injuries or illnesses are covered?

Most injuries and illnesses that occur in the course and scope of employment are covered, including sudden accidents and conditions that develop over time, such as repetitive strain injuries or occupational illnesses.

Do I need to prove my employer was at fault?

No, New Hampshire is a no-fault state for workers compensation. You do not need to prove your employer was negligent or responsible to receive benefits.

How quickly must I report a workplace injury?

It is important to notify your employer as soon as possible. Delaying notification can jeopardize your claim. Employers are required to file a report with the Department of Labor within five days of notification.

What benefits can I receive?

You may be eligible for medical expenses, weekly wage replacement payments if you are unable to work, compensation for permanent injuries, and in some cases, vocational rehabilitation services.

Can my employer fire me for filing a workers compensation claim?

It is illegal for an employer to retaliate against or fire an employee solely for filing a workers compensation claim in New Hampshire.

What if my claim is denied?

You have the right to request a hearing with the New Hampshire Department of Labor. A lawyer can help you gather evidence and argue your case effectively.

How are compensation rates determined?

Compensation for lost wages is generally calculated as a percentage of your average weekly wage, up to a maximum set by state law. This can be subject to change each year.

Can I see my own doctor?

You may choose your own healthcare provider for treatment after a workplace injury. However, it is important to inform both your provider and your employer about your claim.

Are all employers required to have workers compensation insurance?

Most employers in New Hampshire are required to have coverage, including those with only one part time or full time employee. Some exceptions apply, such as certain family-run businesses.

What should I do if a third party caused my work injury?

If someone other than your employer or co-worker was responsible, you may have an additional legal claim beyond workers compensation. Consult a lawyer to explore your legal options in these circumstances.

Additional Resources

Several organizations and governmental bodies can offer information and support for workers compensation issues in New Hampshire:

• New Hampshire Department of Labor - Manages workers compensation claims, hearings, and appeals, and provides information for employees and employers.
• New Hampshire Bar Association - Can help you find a qualified workers compensation lawyer for legal representation or advice.
• New Hampshire Workers’ Comp Appeals Board - Handles appeals in disputed cases after Department of Labor hearings.
• Occupational Safety and Health Administration (OSHA) - Offers support on workplace safety and worker rights.

Next Steps

If you believe you have a workers compensation claim in New Hampshire, start by notifying your employer of your injury as soon as possible and request the proper claim forms. Seek medical attention promptly and keep thorough records of all treatments and communications. If your claim is denied, delayed, or you encounter obstacles, consider consulting a qualified workers compensation lawyer with experience in New Hampshire law. You can contact the New Hampshire Department of Labor or the New Hampshire Bar Association for guidance and referrals. Legal professionals can represent your interests at hearings and ensure you receive all benefits to which you are entitled.