If you were hurt on the job in New Hampshire, the workers' compensation system exists to pay for your medical care and replace part of your lost wages while you recover. This is a benefit your employer is required to carry for you — using it is not something to feel bad about. Here is what to do first, and how the New Hampshire system works.
The deadlines, up front
Notice to your employer: 2 years. A claim is barred unless notice of the injury is given to the employer within 2 years (RSA 281-A:19). Do not use the whole two years — report the same day if you can.
Filing a claim: 3 years. Compensation is barred unless a claim is filed within 3 years after the date of injury (RSA 281-A:21-a).
After a denial: 18 months to ask for a hearing. Your claim is barred unless you petition the Department of Labor for a hearing within 18 months after you receive notice that the carrier or self-insurer denied it (RSA 281-A:42-d).
After a hearing decision: 30 days to appeal. An appeal to the Compensation Appeals Board must be filed within 30 days of the commissioner's decision (RSA 281-A:43).
What to do first
Report the injury to your employer right away. Tell a supervisor or manager, in writing if you can, even if the injury seems minor at first. Don't wait to see whether it gets better on its own. For an injury or illness you didn't immediately connect to your job — a gradual condition, for example — the two-year notice clock runs from the date you knew, or by reasonable diligence should have known, of the nature of the injury and its possible relationship to your employment.
Get medical care. If it's an emergency, go to the ER or call 911. For other care, see below on who chooses your doctor.
Your employer must report it. Once your employer learns of a work injury, it must report it to the Labor Commissioner as soon as possible and no later than 5 days, with a copy to its insurance carrier's nearest claims office (RSA 281-A:53).
Put your own account in writing. The Department of Labor publishes a "Notice of Accidental Injury or Occupational Disease" form that lets you describe, in your own words, how the injury happened. You can find the current workers' compensation forms on the Division's forms page, or ask the Division or the claims adjuster which form applies to your claim.
Keep copies of everything: your written notice, medical records, work-status slips, and all correspondence with the insurance company.
New Hampshire's workers' compensation agency
Workers' compensation in New Hampshire is administered by the New Hampshire Department of Labor, Workers' Compensation Division. The Division enforces the coverage requirements for employers, oversees the medical and wage-replacement benefits paid to injured workers, holds hearings on contested claims, and monitors insurance carriers to make sure benefits are paid promptly. You can reach the Division at (603) 271-3176 or toll-free at (800) 272-4353, and find forms and guidance at its official site: dol.nh.gov/workers-compensation.
Who is covered in New Hampshire
New Hampshire requires employers subject to the workers' compensation law to secure coverage — by buying a policy from an insurance carrier or by qualifying as an approved self-insurer (RSA 281-A:5). There is no minimum employee-count threshold: whether you have one employee or fifty, coverage is generally required, and it covers full-time and part-time workers alike.
One narrow rule to know: under the definition of "employee" in RSA 281-A:2, corporate executive officers and limited liability company members and managers are not themselves counted as employees — but any such officers, members, or managers in excess of 3 are counted as employees. Sole proprietors and partners are not automatically employees either, though they may elect to be personally covered.
New Hampshire is not a monopolistic state-fund state. Employers buy coverage from private insurance carriers or self-insure; they do not buy it from a state-run fund. If you aren't sure whether your employer is insured, the Division can tell you.
Medical care: who picks your doctor
In New Hampshire, you generally have the right to choose your own treating doctor. RSA 281-A:23 states that the injured employee has the right to select his or her own physician, and the Department of Labor's fact sheet says the same, adding that you also have the right to get a second opinion.
There is one significant exception: if your employer's workers' compensation carrier uses a managed care program, you must choose from the program's list of providers. New Hampshire law does require a managed care program to allow treatment outside the network when the necessary services can't be provided within it, or when an emergency makes using the network impossible (RSA 281-A:23-a). Ask your employer or the claims adjuster whether managed care applies to your claim, and if it does, ask for the provider list.
Whoever you see, tell the doctor the injury or illness is work-related, and make sure the medical report says so and describes your condition accurately.
Wage replacement benefits
If your injury keeps you out of work, New Hampshire pays temporary total disability benefits under RSA 281-A:28 — but the formula depends on how your wage compares to the state's average weekly wage, and lower-paid workers are treated differently. Which rule applies to you turns on the state's average weekly wage, a figure the state re-sets every year, so ask the Workers' Compensation Division for the current numbers rather than relying on any dollar amount quoted elsewhere.
If your average weekly wage is 30 percent or less of the state's average weekly wage, your weekly compensation is the full amount of your average weekly wage — 100 percent, not 60 percent (RSA 281-A:28, I). That rate cannot exceed 90 percent of your after-tax earnings as determined under RSA 281-A:15. If you are a lower-wage worker, do not let anyone tell you your check is automatically 60 percent.
If your average weekly wage is over 30 percent of the state's average weekly wage, your weekly compensation is 60 percent of your average weekly wage, or 30 percent of the state's average weekly wage, whichever is greater (RSA 281-A:28, II). Two ceilings apply: compensation may not exceed 150 percent of the state's average weekly wage for the year of injury, and the rate may not exceed 100 percent of your after-tax weekly earnings as determined under RSA 281-A:15.
If you are a sole proprietor, partner, or other business operator who elected coverage (RSA 281-A:2, VI), your compensation is computed on 80 percent of your average weekly salary, but no more than 150 percent of the state's average weekly wage (RSA 281-A:28, III).
There is a 3-day waiting period: compensation is not paid for the first 3 days of disability unless the disability continues for 14 days or longer, in which case those first 3 days are compensated too (RSA 281-A:28).
Permanent impairment benefits
If your injury leaves you with a lasting impairment once you've recovered as much as you are going to, New Hampshire law provides a scheduled permanent impairment award (RSA 281-A:32). This is separate from, and in addition to, wage-replacement and medical benefits. It is paid according to a schedule of weeks in the statute for the percentage of permanent loss of use. Where the award is based on whole-person impairment, it is calculated on a maximum of 350 weeks, in proportion to the percentage of the whole person. Impairment opinions are to use the American Medical Association's Guides to the Evaluation of Permanent Impairment (5th edition), and the scheduled award is paid in a single payment. If there is a dispute about the impairment percentage, it is resolved through the Department's hearing process.
If your claim is denied
If the carrier or self-insurer denies your claim, you have the right to dispute it — but the clock is short.
Petition for a hearing within 18 months. Your claim is barred unless you petition for a hearing under RSA 281-A:43 within 18 months after you receive notice that the claim was denied (RSA 281-A:42-d). Requests are made in writing to the Department of Labor. Don't sit on a denial letter.
Department-level hearing. The Department schedules a hearing, and a decision is issued after it.
Appeal to the Compensation Appeals Board within 30 days. A party who disagrees with the commissioner's decision has 30 days to appeal to the Compensation Appeals Board, which holds a full hearing on the appeal (RSA 281-A:43). Appeals are heard by a 3-member panel: an attorney serving as chair, one member representing labor, and one representing employers or workers' compensation insurers (RSA 281-A:42-a).
New Hampshire Supreme Court. A party aggrieved by a decision of the board may appeal to the New Hampshire Supreme Court under RSA 541.
New Hampshire law also establishes a position at the Department of Labor for assisting unrepresented injured employees (RSA 281-A:42-c). If you do not have a lawyer, call the Workers' Compensation Division and ask to be connected with the staff person who helps unrepresented workers with the hearing process.
Where to get help in New Hampshire
NH Department of Labor, Workers' Compensation Division — questions about your rights, forms, coverage, and the claims and hearing process: (603) 271-3176 or (800) 272-4353, dol.nh.gov/workers-compensation.
Help for unrepresented workers — the Department's position for assisting injured employees who do not have an attorney (RSA 281-A:42-c); ask for it through the Division's main line.
The statute itself — the full text of New Hampshire's workers' compensation law, RSA chapter 281-A, is published by the state legislature at gc.nh.gov.
603 Legal Aid — statewide civil legal aid intake for low-income New Hampshire residents, 1-800-639-5290 or (603) 224-3333, which can screen your situation and refer you where you're eligible.
This article is general legal information about New Hampshire law, not legal advice for your specific situation. Deadlines and details can turn on facts unique to your case — confirm anything that matters with the Workers' Compensation Division.
Frequently asked questions
How long do I have to tell my employer about a work injury in New Hampshire?
Claims are barred unless notice of the injury is given to the employer within 2 years, under RSA 281-A:19. For an injury or illness you didn't immediately recognize as work-related, the clock starts when you knew, or by reasonable diligence should have known, of the nature of the injury and its possible relationship to your employment. Even so, report any injury as soon as it happens - waiting can delay your medical care and wage checks.
How long do I have to file a workers' comp claim in New Hampshire?
Compensation for disability, rehabilitation, medical benefits, or death benefits is barred unless a claim is filed within 3 years after the date of injury (RSA 281-A:21-a). If you did not know the injury was work-related, the period starts when you knew or reasonably should have known of the connection.
Can I see my own doctor for a work injury in New Hampshire?
Usually yes. RSA 281-A:23 gives the injured employee the right to select his or her own physician, and the Department of Labor's fact sheet confirms you may choose your own doctor and get a second opinion. The exception is when the employer's carrier uses a managed care program - then you must choose from that program's list of providers, though the law requires out-of-network care when the network cannot provide the necessary services or an emergency prevents using it.
What percentage of my wages does New Hampshire workers' comp pay?
It depends on your wage. If your average weekly wage is 30 percent or less of the state's average weekly wage, RSA 281-A:28, I pays you the full amount of your average weekly wage - 100 percent, not 60 percent - capped at 90 percent of your after-tax earnings (RSA 281-A:15). If your average weekly wage is over 30 percent of the state's average weekly wage, RSA 281-A:28, II pays 60 percent of your average weekly wage or 30 percent of the state's average weekly wage, whichever is greater, and in no event more than 150 percent of the state's average weekly wage or 100 percent of your after-tax weekly earnings. Business operators who elected coverage are computed at 80 percent of average weekly salary (RSA 281-A:28, III). The state's average weekly wage is reset each year, so check the current figures with the Workers' Compensation Division. Compensation is not paid for the first 3 days of disability unless the disability lasts 14 days or longer, in which case those first days are paid as well.
What happens if my New Hampshire workers' comp claim is denied?
You can petition the Department of Labor in writing for a hearing. You must do so within 18 months after you receive notice of the denial, or the claim is barred (RSA 281-A:42-d). If you disagree with the decision, you have 30 days to appeal to the Compensation Appeals Board, which is heard by a 3-member panel; from there, a party may appeal to the New Hampshire Supreme Court under RSA 541.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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