We help injured workers by fighting
for the benefits they deserve, and are entitled to,
under state law. The firm’s legal and nursing
experience is utilized to obtain full and fair
compensation for injured workers.
In New Hampshire, an employee who is injured on the
job, through either an accident or occupational
disease, is entitled to workers' compensation
benefits pursuant to RSA 281-A. New Hampshire
employers must have workers' compensation insurance
to cover employees in the event of such injury. New
Hampshire law provides that the injury must be
related to the work and occur in the course of
employment.
Once an injury is determined to be work related, the
injured worker is entitled to four (4) essential
benefits. First, the injured worker is entitled to
medical treatment, paid for by the insurance carrier,
that is related to their injury. This includes only
reasonable and necessary treatment. The injured
worker, in most cases, has the right to choose their
own doctor to treat their work-related injuries. The
entitlement to medical treatment continues for as
long as the injury requires. However, if the
insurance carrier denies paying treatment bills, a
hearing on the issue would be held at the Labor
Department. The Labor Department will determine
whether the bills should be paid by the insurance
carrier or not.
The second benefit is weekly disability benefits.
These are called indemnity benefits. An injured
worker is entitled to 60% of their prior average
weekly wage. The average weekly wage is determined by
averaging the employee's prior 26 weeks of wages;
however, it may be possible to increase this benefit
by looking at additional weeks of employment or by
considering concurrent employment. An injured worker
is entitled to the disability benefits as long as a
medical doctor has provided a New Hampshire workers'
compensation disability note. The insurance carrier
does have an opportunity to dispute an injured
worker's entitlement to disability benefits.
Ultimately, the Labor Department resolves any
disputes about an injured worker's entitlement to
disability benefits.
Third, if the injury has resulted in a permanent
impairment, the injured worker may be entitled to
compensation for the loss. This entitlement is
determined by an evaluation of the permanent
impairment by a medical doctor. The insurance carrier
can also ask for a separate medical examination. If
the parties cannot agree, the Labor Department will
determine the extent of any loss, after a
hearing.
The fourth benefit is the assistance of vocational
service if the injured worker is unable to return to
their past work because of the injury. The insurance
carrier usually hires a vocational specialist to work
with the injured worker. The goal is to return the
worker to employment within their capacity at a wage
that equals or nearly equals the prior average weekly
wage. In most cases, this benefit lasts no more than
one year.
You may need an attorney who is experienced in
workers' compensation law to assist you in your
claim. There are numerous deadlines and countless
rules and regulations that require you, your
employer, your doctor and the workers' compensation
insurance carrier to take certain action. The
insurance carriers have access to experienced and
knowledgeable lawyers to work for them and you should
consider doing the same. At The Law Offices of
Manning & Smith, PLLC, your initial consultation
is always free.
Your initial
consultation is always FREE.
Evening and weekend hours are available..
General Inquiries: email us at ContactUs@ManningSmithLaw.com
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