The following information is general in nature. There may be exceptions to each. In order to inquire about a particular law or rule please contact the New Hampshire Department of Labor at (603) 271-3176 or 1-800-272-4353 or via our web site Contact Form.
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If I return to light duty, can my employer reduce my rate of pay?
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Do you have to have workers' compensation on part-time employees?
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If we have liability or health insurance, doesn't it take the place of workers' compensation?
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Why am I getting a letter from the state when my workers' compensation is already paid?
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What are the requirements for new Workers' Compensation carriers writing NH coverage?
1. How soon does workers' compensation start?
Workers' compensation starts on the fourth day of disability (subject to a three day period). The waiting period is waived if the disability continues for 14 days or longer or if an employee returns to temporary alternative employment within five days.
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2. How do they figure my workers' compensation rate?
Weekly compensation is based on 60% of your average weekly wage. To determine average weekly wage, gross wages are added together for 26 weeks up to 52 weeks preceding injury, then divided by the number of weeks. If less than 26 weeks, they may use rate of hire.
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This depends on whether or not your carrier is using a managed care program. If they are, you must choose a doctor within the network. If you are not subject to managed care, the choice is yours.
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4. Who pays for my prescriptions?
The insurance carrier will reimburse you for any prescriptions relating to your injury. They have 30 days from receipt of the request.
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Whether you choose to use an attorney is a personal choice. Individuals may seek legal counsel or represent themselves.
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It depends on your case and circumstances. There are no job security
laws in New Hampshire, but the employer may be required to reinstate you
if you are released by your treating physician within 18 months of the
date of injury. See RSA
281-A:25a
or New Hampshire Administrative Rule
Chapter LAB 504.05 Reinstatement of Employee Sustaining Compensable Injuries
.
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7. What type of light duty job can my employer offer me?
The position offered to you under light duty must be meaningful employment within the restrictions set by your physician.
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8. If I return to light duty, can my employer reduce my rate of pay?
Yes, but you may be entitled to receive a partial benefit from the insurance carrier in addition to your reduced wages.
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Medical bills related to your injury remain the responsibility of the
carrier as long as treatment is required. There are certain time limits
for indemnity benefits depending on the circumstances of the case. See
RSA
281-A:31 .
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10. Is workers' compensation taxable?
No, but any questions pertaining to reporting, etc., should be directed to the IRS.
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11. What are my rights and responsibilities?
See employee benefits for benefits payable
under workers' compensation and also refer to New Hampshire Administrative Rules Chapter LAB
503 Responsibilities of All Parties
and New Hampshire Administrative Rules Chapter LAB
507 Responsibilities of Employees .
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12. I am thinking of establishing a business in NH. How do I go about providing workers' compensation insurance for my employees?
You may call any insurance agent offering workers compensation insurance.
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13. What are the requirements for workers' compensation?
Under the New Hampshire Workers' Compensation Law RSA
281-A:5,
every employer who has any employees, full or part-time, is required to
cover these employees with workers' compensation insurance written by
a carrier. It does not matter if they are related, such as daughter, son,
husband, etc. It also does not matter if the business is a "Non-Profit"
organization.
Sole-proprietors, partners and self-employed persons are not required by
law to carry workers' compensation on themselves but may elect to be covered,
per RSA
281-A:3. Sole proprietors or partners operating as Sub-Contractors,
even those without employees, may be required by a General Contractor to
carry workers' compensation coverage as part of their private agreement.
If they have coverage at all, a corporation or LLC may elect to exclude
up to 3 executive officers, under RSA
281-A:18a
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14. Do you have to have workers' compensation on part-time employees?
Yes.
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15. Do I have to have workers' compensation on family members?
Yes.
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16. What constitutes an independent contractor?
An independent contractor must meet the criteria defined in RSA
281-A:2 VI.
This includes possession of a federal employer identification number,
having control over the performance of the work and the time the work
is performed. An independent contractor is not required to work exclusively
for one employer.
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17. If we have liability or health insurance, doesn't it take the place of workers' compensation?
No. Workers' Compensation is required by law under RSA
281-A
whereas, liability and health insurance are voluntary coverages on your
part.
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18. Why am I getting a letter from the state when my workers' compensation is already paid?
The Department of Labor sends a questionnaire five (5) days before the termination date if we have not received notification of new coverage or reinstatement of existing coverage from your carrier. This allows you to be aware of your coverage status.
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19. How long do I have to file a claim for an injured employee?
"Every employer or self-insurer shall record in sufficient detail and shall report or cause to be reported to the commissioner any injury sustained by an employee in the course of employment as soon as possible, but no later than (5) days after the employer learns of the occurrence of such an injury." If an employer fails to file a First Report of Injury, the employer may be subject to a fine of up to $2,500.00.
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20. What are the requirements for new Workers' Compensation carriers writing NH coverage?
Per LAB 304.04(e) Carriers shall contact the Department to be assigned a "Carrier Identification Number" prior to underwriting coverage in New Hampshire. Without this information you are unable to file the necessary State filing forms for coverage and may be assessed civil-penalties in the amount of $50 per day for each day of non-compliance with RSA 281-A:7.
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