Is New Hampshire workers compensation the same as in other states?
No. New Hampshire law is very different from other states.
How long do I have to be employed before I am eligible for workers comp?
In New Hampshire you can be on your first day at work and as long as you are injured at work you are usually eligible for workers comp.
Does it matter if someone at work was negligent?
No. You cannot sue your employer or a co-worker in New Hampshire unless it is for a deliberate attempt to hurt you. But you can collect workers comp even if no one was negligent.
What benefits can I get?
To answer this question properly you need to speak to a New Hampshire lawyer who does workers comp law. The short (and incomplete) answer is that if you are hurt on the job, all of your medical bills should be paid by the workers comp insurer. If you are unable to work because of your injury you receive 60% of your average weekly gross pay (before taxes) starting after you are out of work for three days.
Is workers comp insurance the same as medical insurance?
No, they are completely different.
What if my employer refuses to submit a claim for me?
Under the law if you are injured on the job your employer is supposed to send paperwork on this to the New Hampshire Labor Department, Workers Compensation Division. You can get in touch with them by phone to find out if the paperwork has been filed.
Their phone number is (603) 271-3176.
Can I collect for pain and suffering?
No, not under workers comp law. But if someone other than your employer or a co-worker caused your injury, you might be able to. This is called a "third party claim."
The insurance company has denied my claim. Can I do anything?
You can ask for a hearing at the New Hampshire Labor Department. But you will probably need a lawyer. These hearings move very quickly. Some paperwork (such as medical records) has to be submitted at least five days before the hearing. The legal office representing the other side on your claim has to be copied on anything sent to the Labor Department. Even a simple claim can become very technical.
How much will a lawyer charge me?
A lawyer will charge you either by the hour or by a percentage. Almost everyone goes for the percentage. You will then usually be charged 20% of whatever can be obtained. If court filings have to be made, the percentage can go up, but court filings in New Hampshire on a workers comp case are unusual.
I was hired in New Hampshire but I got hurt on the job in another state. Which state should I go through for workers comp?
That depends on the particular circumstances in your case. Usually New Hampshire will cover you even if you are injured out of state, provided you were hired in New Hampshire.
I was working two jobs when I was hurt at one of them. Can I collect for income lost from the second job?
Again that depends on the particular circumstances in your case. If both jobs were in New Hampshire, both incomes can usually be considered in calculating your benefits.
The insurance company says I do not need a lawyer. Are they telling me the truth?
Probably not. Insurance companies are not charities. They stay in business by helping themselves, not by helping you. Go figure.
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ANSWERS ABOUT WORKERS COMPENSATION