Every state has its own unique rules and procedures for filing a workers’ compensation claim. If you’re a New Hampshire worker with a workplace injury, we’ll explain which benefits you may qualify for. You’ll also find the steps to follow and forms you’ll need to file your New Hampshire workers’ compensation claim.
How the New Hampshire Workers’ Compensation Process Works
According to the New Hampshire Department of Labor, all employers must provide workers’ compensation insurance coverage. This applies to all all part-time, full-time and temporary employees. Follow these steps to apply for New Hampshire workers’ compensation:
- Notify your supervisor about your injury immediately and seek medical attention. If your employer’s insurer uses a “managed care” network, you must choose a doctor from their list of approved providers. Otherwise, you can see your own doctor or visit the closest emergency room. Always tell anyone that treats your injury or illness it’s work-related.
- Fill out a Notice of Accidental Injury or Occupational Disease Form 8aWCA and give it to your employer. Be sure to keep a copy for your own records. You must do this within two years of your accident date to receive benefits.
- Your employer’s insurer must approve or deny your claim within 30 days. Once approved, your employer’s insurer pays all medical bills related to your occupational illness or workplace injury.
- Hurt badly and need more than 3 days off to recover? Then you’ll qualify for lost wage benefits on your fourth missed day of work. Once you miss 14+ work days, your employer’s insurer must compensate you for your first 3 unpaid days off.
- Your doctor must complete New Hampshire Workers’ Compensation Medical Form (75WCA-1) before you can return to work. This form should list any job restrictions or work limitations, and your employer must abide by your doctor’s instructions.
- Claim denied? Request a hearing with the New Hampshire Department of Labor to appeal. Nearly half of all workers who appeal get approved at the dispute hearing.
Every New Hampshire workers’ compensation claim is unique, so your own process may vary.
What Benefits Are Available For Injured Employees?
Depending on your injury type and severity, you may qualify to receive:
- Weekly Indemnity – Weekly lost-wage benefit paid by the workers’ compensation insurance provider. The state calculates this amount as a percentage of wages earned during the past 26-52 weeks.
- Temporary Partial Disability – You’ll receive this if you return to work, but cannot earn an equivalent wage to what you earned before your workplace injury. This is a temporary partial benefit equivalent to 60% of the difference between your pre-injury and post-injury earnings.
- Death Benefits – In fatal workplace accident cases, these weekly payments go to the deceased worker’s surviving dependents. Your employer may also pay for no more than $10,000 in burial expenses. Widowed spouses can also apply for the one-time Social Security death benefit.
- Medical Expenses – Your employer’s insurer pays all medical, remedial care and hospital bills resulting from your workplace accident.
- Permanent Impairment Award – Compensation for the percentage of permanent loss of use to a compensable body part. The insurer multiplies your percentage of loss x the number of weeks x your compensation rate to calculate your award amount.
- Temporary Alternative Duty – All New Hampshire employers with 5+ employees must provide temporary alternative work opportunities for injured workers.
- Reinstatement of Employee Sustaining Compensable Injuries – Your employer must reinstate you to your former job position within 18 months.
- Cost of Living Adjustment – This only applies if you still get benefits on the three-year anniversary of your injury date. After that, you qualify for a COLA increase only if the Social Security Administration denied you disability benefits. In addition, your benefits must be lower than 60% of the state’s current average weekly wage.
- Vocational Rehabilitation – Can’t perform the same job duties you did before your accident? The state provides re-training to help you find another job earning similar wages.
You May Qualify for Legal Assistance
If the New Hampshire workers’ compensation process seems confusing or you already got denied, talk to a lawyer. A workers’ compensation attorney can help you collect necessary medical evidence to support your claim, deal with the insurance company and appeal an unfavorable decision. Best of all, these attorneys work on contingency. That means if your attorney doesn’t win you a cash settlement, you pay $0 for legal assistance. But if you do win, then you’ll only pay a small, one-time fee.
Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!
Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.