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 coverage applies to all all part-time, full-time and temporary employees. Here’s the step-by-step process for filing a New Hampshire workers’ compensation claim:
- Notify your supervisor as soon as possible about your injury 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 care provider. Always tell any provider that treats your workplace injury or illness that 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 any 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 enough to need more than three days off to recover? Then you’ll qualify for lost wage benefits starting on your fourth missed day of work. Once you miss 14+ work days, your employer’s insurer must compensate you for your first three 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? You can request a hearing with the New Hampshire Department of Labor to appeal. Nearly half of all workers who appeal their denials 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 a variety of benefits described below:
- Weekly Indemnity Benefits – 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 Benefits – 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 burial expenses totaling no more than $10,000.00.
- 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. Once that date passes, 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? Then the state provides re-training opportunities 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!