Important: We updated this article in November 2023 to make sure all info below is correct. 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 and forms you need to apply for New Hampshire workers’ compensation benefits.
Which Employers Must Provide New Hampshire Workers’ Compensation Insurance Coverage?
According to the NH Department of Labor, all employers in this state must provide workers’ compensation insurance coverage. This applies to all full time, temporary, and part time employees. New Hampshire workers’ compensation laws also provide benefits for undocumented and immigrant workers here on H1B visas.
However, state law exempts the following from New Hampshire workers’ compensation insurance coverage requirements:
- Sole proprietors and partners
- Self-employed persons
- Volunteers
- Federal employees (i.e., railroad workers, USPS delivery carriers, etc.)
- Certain real estate brokers, agents, or appraisers
- Independent contractors, provided they can prove they’re not a general contractor who employs other subcontractors
- Limited liability companies with no more than 3 corporate officers or LLC members and no other employees
Important: Any New Hampshire business that fails to purchase workers’ comp insurance may face serious penalties. The state can issues up to $2,500 in fines as well as $100 per employee for every day a New Hampshire business fails to purchase coverage. Companies that wish to self-insure instead of purchasing coverage from a private insurance company must first secure a license from the NH Commissioner of Labor.
How the New Hampshire Workers’ Compensation Process Works
Follow these steps to apply for New Hampshire workers’ compensation benefits:
1. Notify your supervisor about your injury or illness immediately and seek medical care.
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 for medical treatment. Always tell any provider that treats your injury or illness it’s work-related. Otherwise, workers’ comp insurance might cover all medical and disability benefits related to your injury or illness.
2. 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 in order to receive benefits.
3. Your employer’s insurance company must approve or deny your New Hampshire workers’ compensation claim within 30 days.
Upon approval, your employer’s insurance carrier pays all medical bills related to your occupational illness or work-related injury.
4. Hurt badly and need more than 3 days off to recover? New Hampshire workers’ compensation insurance should pay you for partial lost wages on your fourth missed work day.
Once you miss 14+ work days, New Hampshire workers’ comp must pay you for your first 3 unpaid days off.
5. 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. All New Hampshire employers must abide by your doctor’s instructions.
6. Claim denied? Request a hearing with the New Hampshire Department of Labor to appeal within 18 months.
Nearly half of all injured workers who appeal get benefits at their dispute hearing.
Keep in mind that each New Hampshire workers’ compensation case is unique, so your own process may vary.
What New Hampshire Workers’ Comp Benefits Are Available For Injured Employees?
Depending on your injury type and severity, New Hampshire workers’ compensation insurance may pay you the following benefits:
Weekly Indemnity Benefits
Weekly compensation paid by the New Hampshire workers’ comp insurance provider for lost wages. You’ll receive this if you return to work, but cannot earn an equivalent wage to what you earned before your job accident. Here are the different benefit categories that may pay you weekly compensation for work-related injuries while you recover:
- Temporary Total Disability Benefits (TTD)
- Temporary Partial Disability Benefits (TPD)
- Diminished Earning Capacity (DEC)
- Permanent Total Disability Benefits (PTD)
New Hampshire workers’ compensation insurance can make these weekly payments to an injured employee for up to 262 weeks.
The state calculates this amount as 60% of your average weekly job wages earned during the past 26-52 weeks. In 2022 (the most recent record available), the maximum weekly benefit rate was $2,074.
Death Benefits
If an employee dies, these weekly payments go to surviving dependent family members of the deceased worker. NH employers 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 Benefits
Your employer’s insurer pays for all medical expenses, doctors’ visits, remedial care, and hospital bills resulting from work-related injuries.
Personal 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. The NH Workers’ Compensation Division requires insurers to make a lump sum payment once any permanently injured worker reaches their medical endpoint.
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 New Hampshire employer must reinstate you to your former job position within 18 months.
Cost of Living Adjustment (COLA)
This only applies if you still get workers’ comp insurance 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 work-related accident? Under the New Hampshire workers’ compensation statute, you’ll receive training to help you find another job earning similar wages.
How to Get Free Expert Workers’ Comp Help by Phone
If you need help with the New Hampshire workers’ compensation process or were denied benefits, talk to a lawyer. A New Hampshire workers’ compensation attorney can review your case for free right away, over the phone.
Attorneys can also help you collect necessary medical evidence to support your claim, deal with the insurance company, and handle your appeal. Best of all, these attorneys work on contingency. That means if your attorney doesn’t win you a cash settlement, you pay $0. But if you do win, then you’ll only pay one small fee.
Want to talk to a New Hampshire workers’ comp expert free of charge? Click the button below to start your free online benefits quiz and see if you may qualify:
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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.
