New Hampshire Worker Injury: Workers Compensation Protection

The Workers' Compensation Division of the New Hampshire Department of Labor enforces and administers the provisions of New Hampshire's Workers' Compensation laws. In this state, every employer, including non profit organizations, must provide Workers Compensation insurance to their employees whether they are full or part time. Employers pay for coverage through licensed insurance carriers or by becoming licensed to self-insure by the Commissioner of Labor, and this coverage protects both employees and employers in the event of a work related disability. There were 46,832 injuries reported in New Hampshire in 2007.

Common Covered Work Related Injuries

Injuries as a result of a workplace accident are covered by Workers' Compensation, such as broken bones, sprains, burns, cuts and abrasions, concussions, amputations, and other injuries. Occupational diseases, which are diseases that occur gradually due to workplace conditions or activities, are also covered. Employees are not covered while traveling to work or home from work, and must be engaged in work related activity.

How to File a New Hampshire Workers Compensation Claim

An employee should first provide their employer with written notice of injury by submitting a Notice of Accidental Injury or Occupational Disease Form No. 8AWCA. An employee may choose their own doctor, unless their insurance carrier uses a managed care program. The employer should then submit a completed Employer’s First Report of Injury or Occupational Disease Form No. 8-WC with their insurance carrier and the Department of Labor within five calendar days. If an employee's disability results of lost time from work greater than four days, an employer should also file an Employer’s Supplemental Report of Injury Form No. 13 WCA. Wage Schedule Form No. 76 WCA must also be submitted to the insurance carrier in order to calculate an employee's compensation rate. A Supplemental Wage Schedule Form No. 76 WCA 1 may also be required by an insurance carrier. All forms can be obtained from the insurance carrier.

Workers Compensation Claim Denials

Claims must be accepted or denied within 21 days of filing. When benefits are denied, insurance carriers file a Memo of Denial of Workers Compensation Benefits, which details the reasons for denial. Claims may be denied if the injury or illness is determined to not be caused by a work related incident or activity. Failure to follow proper reporting procedure or failure to notify the appropriate parties within the proscribed amount of time may also lead to a denial. Incomplete or incorrect paperwork may also lead to a denial.

Appealing a New Hampshire Workers Compensation Denial

Employees are entitled to request a hearing with the Department of Labor within 18 months of the date of the Memo of Denial of Workers Compensation Benefits. A request should be in writing and copied to the opposing party. A hearing request for Review for Eligibility for Compensation must include a medical report. A hearing will then be scheduled 4 to 6 weeks from the date of the request. A hearing officer's decision may be appealed with the Compensation Appeals Board within 30 days. Evidence will then be submitted at this new appeal hearing.

Collecting New Hampshire Workers Compensation Benefits

Benefits include medical coverage, rehabilitation benefits, and lost wage benefits. Monetary lost wage benefits are usually paid weekly, unless a lump sun settlement has been reached. The amount of Workers' Compensation monetary benefits depends on the type of injury and other specific circumstances. Benefits are generally 60% of a worker's average weekly wage, though the amount may sometimes be smaller.

Hiring a New Hampshire Workers Compensation Lawyer

A lawyer should be consulted in the event of a compensation dispute, especially when attempting to appeal a claim. The appeals process is complicated, and an experienced attorney knows the proper steps to take.