When you report a work injury to your employer, your employer is required to file a Notice with the New Hampshire Department of Labor. Your employer’s insurance carrier then reviews the claim and decides whether to accept it and pay benefits, or to challenge it. If they challenge it, (note: it is common for insurance carriers to challenge claims while they are investigating) you need an attorney to request a hearing and help you through the complex maze of regulations that guide the New Hampshire Department of Labor in deciding whether you are entitled to benefits.
Workers’ compensation has been around for 100 years. It was the first social insurance program to gain widespread acceptance in the United States. Most states passed workers’ compensation laws between 1911 and 1920, and all but two states did so by 1935. In general, these laws provide an administrative forum (the Department of Labor) to quickly process any disputes.
What workers’ compensation laws did was to accomplish a trade – it provides a quicker, simpler system for helping injured workers, while protecting employers from expensive lawsuits. When you make a workers’ compensation claim, you are not suing your employer; you are getting a workers’ compensation insurance company involved in resolving your claim for benefits.
The workers’ compensation system provides four basic benefits: lost wages (known as “indemnity benefits” and usually paid at 60% of your average wage), medical bills caused by the work injury, vocational rehabilitation, and if the injury causes permanent damage, there may be a permanent impairment award that follows the schedule at New Hampshire Revised Statute Annotated section 281-A:32.
Someone other than your employer or co-employee may have caused your work-related injury. The workers’ compensation law encourages you to pursue claims against other parties who caused your injury. These personal injury claims are known as Third Party Claims. When work injury cases involving third parties are resolved, the Department of Labor or the Superior Court in your county will review the resolution. Your attorney will explain the details.
Every client and every case are different and may require its own course of action, but we will leverage our extensive experience in Workers’ Comp Law to ensure you receive every dollar you deserve. We will work on your behalf with the insurance company so you are able to recover from your injury and take care of your family.
We do not get paid unless we win your case.