What Is Workers' Compensation in New Hampshire?
Workers' compensation is a state-mandated insurance system that provides medical care, wage replacement, and disability benefits to employees who suffer work‑related injuries or illnesses. In New Hampshire, the program is administered by the New Hampshire Department of Labor's Workers' Compensation Division and is funded through employer‑paid premiums.
- What Is Workers' Compensation in New Hampshire?
- Eligibility: Who Can Claim?
- Key Eligibility Checklist
- Benefits Overview
- Medical Benefits
- Temporary Total Disability (TTD)
- Permanent Partial Disability (PPD)
- Death Benefits
- How to File a Claim
- Step‑by‑Step Timeline
- Employer Responsibilities
- Common Compliance Checklist
- Understanding Dispute Resolution
- Key Statutes and Resources
- Useful Links
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Eligibility: Who Can Claim?
Any employee who is covered by the state's workers' comp law may file a claim, provided the injury or illness arose out of and in the course of employment. Independent contractors are generally excluded unless they meet the state's "employee" definition based on control, payment, and relationship factors.
Key Eligibility Checklist
- Employee status under NH law
- Injury or illness occurred while performing job duties
- Timely reporting to employer (usually within 30 days)
Benefits Overview
New Hampshire categorizes benefits into four main types: medical treatment, temporary total disability (TTD), permanent partial disability (PPD), and death benefits. Each has specific calculation methods and duration limits.
Medical Benefits
All reasonable and necessary medical expenses related to the injury are covered, including doctor visits, surgeries, prescription drugs, physical therapy, and medical equipment. The employer's insurer selects the treating provider unless the employee requests a change and the insurer approves.
Temporary Total Disability (TTD)
TTD replaces a portion of lost wages while the employee is unable to work. The rate is 66⅔% of the employee's average weekly wage (AWW), capped at the state maximum of $1,075 per week (2024 figure). Payments continue until the employee returns to work or reaches maximum duration (generally 104 weeks).
Permanent Partial Disability (PPD)
If the injury results in lasting impairment, PPD benefits are calculated using a "schedule" that assigns a monetary value to each body part or function. The total award is the scheduled loss multiplied by the employee's AWW, subject to statutory caps.
Death Benefits
When a work‑related death occurs, the surviving spouse may receive a lump‑sum payment equal to 60% of the deceased's AWW, plus ongoing survivor annuities for dependent children.
How to File a Claim
Filing a workers' compensation claim in New Hampshire involves three critical steps: (1) promptly report the injury to your employer, (2) complete the employer's First Report of Injury (Form WH‑101), and (3) submit a Claim Form (Form WH‑102) to the employer's insurance carrier.
Step‑by‑Step Timeline
| Date or Period | Event | Why It Matters |
|---|---|---|
| Day 0‑30 | Employee notifies employer of injury | Establishes right to benefits and avoids denial for untimely reporting |
| Within 7 days | Employer files WH‑101 with insurer | Triggers insurer's duty to investigate and respond |
| Within 30 days | Employee files WH‑102 (if employer refuses) | Allows the Division to intervene and enforce coverage |
If the employer's insurer disputes the claim, the employee may request a hearing before the Workers' Compensation Division and, if necessary, appeal to the New Hampshire Supreme Court.
Employer Responsibilities
New Hampshire law imposes several duties on employers, including maintaining continuous workers' comp coverage, posting the statutory notice in a conspicuous place, and providing injured workers with the required claim forms. Failure to comply can result in penalties, fines, and potential civil liability.
Common Compliance Checklist
- Purchase and keep a valid workers' comp policy
- Display the "Notice to Employees" poster
- Provide a copy of WH‑101 to the employee within 7 days
- Cooperate with the insurer's investigation
Understanding Dispute Resolution
Disagreements over medical treatment, benefit amounts, or claim validity are resolved through a multi‑tiered process:
- Informal conference: A neutral mediator attempts to settle the dispute.
- Division hearing: An administrative law judge hears evidence and issues a decision.
- Appeal: Parties may appeal the ALJ's decision to the New Hampshire Supreme Court.
Legal representation is optional but often advisable, especially for complex cases involving permanent disability.
Key Statutes and Resources
All benefits and procedures are codified in New Hampshire Revised Statutes (RSA) Chapter 275. The Department of Labor provides free resources, including claim‑form PDFs, FAQs, and a hotline (603‑271‑2100).
Useful Links
- NH Workers' Compensation Division homepage
- Downloadable claim forms
- Frequently asked questions