The Workers' Compensation Division of the New Hampshire Department of Labor was created in 1947 with the passage of RSA 281. This law, originally enacted in 1911, requires employers to provide no fault workers' compensation insurance coverage for employees in case of accidental injury, death of occupational disease, "arising out of and in the course of employment".
the enforcement of coverage requirements for all employers, the oversight of the level of medical and wage replacement benefits to be paid to injured workers, conduct hearings on contested claims, and monitoring of insurance carriers and claim administrators to ensure the prompt payment of benefits and delivery of services. The Division also certifies private vocational rehabilitation providers and monitors vocational rehabilitation services provided to eligible injured workers. Additionally, the Division approves and monitors the use of managed care programs in Workers' Compensation.
As soon as an injury occurs, or as soon as you discover that you have an occupational disease, be certain to notify your employer, supervisor or foreman. You have up to two years to report the injury or illness to your employer, but it is best to report it as soon as you become aware of it. If more than first aid treatment is needed or if any medical bill is involved, you must also fill out a Notice of Accidental Injury or Occupational Disease (form no. 8aWCA). This form can be obtained from your employer and should be filled out in duplicate. Give it to your employer for acknowledgement and then keep one copy for yourself. If you employer refuses to give you a form, refuses to sign the form acknowledging your notice of the accident, or refuses to give you a copy for your records, contact the Labor Department for further assistance.
If you need to be out of work while you recuperate from the injury or illness, be certain to keep your employer informed. If your disability lasts more than three days, you become eligible for tax free disability payments, as well as payment of related medical bills. Your employer and the insurance company cannot arrange for these payments unless they know what your medical problem is and approximately how long your doctor will be helpful to you employer and the insurance company in processing your claim.
Employer's Responsibilities
Once notified, your employer has five days to report the injury or illness to the insurance company and the Labor Department. If you are still disabled at the end of three days (calender days not work days), the employer is required to fill out a supplemental report and wage schedule. The insurance company will need these reports in order to begin sending your workers' compensation payments in the proper amount.
The law gives the insurance carrier a maximum of 21 days from the date they receive the claim to do the investigation and to make a decision about your eligibility for payment of medical bills and/or disability income. You may be asked to sign a release of information form so that the insurance company can obtain the necessary medical records to make a decision about your claim. The carries will notify you directly as to their decision.
If the insurance company denies your claim for workers' compensation benefits and you disagree with the decision, you may contact the Department of Labor to request a hearing. By law, this request must be in writing and should include your name, date of your injury. You have 4 years from the date of last payment of compensation or 18 months from date of denial to request a review of the denial.
New Hampshire has a three day waiting period before payment of disability benefits begins. An employee who has been disabled for four days is eligible for one day of compensation; for five days, two days of compensation; for six days, three days of compensation etc. After fourteen days of disability, compensation is paid retroactively to the first day of disability. These "days" of disability are calendar days, not work days, and do not necessarily have to occur consecutively.
The amount of disability income that an injured worked receives depends on the amount she/he earned on a weekly basis prior to the injury. There are maximum and minimum compensation rates which change each year: however, in general, the weekly compensation rate is 60% of the workers' gross average weekly wage based on the 26 weeks preceding the injury. If you have specific questions about your compensation rate, contact either the insurance company or the Labor Department for more detailed information.
If you are receiving partial benefits, there is a limit of 262 weeks depending on your date of injury and this does include the time you were receiving total disability benefits.
If you are employed by more that one employer at the time of your injury, you may be eligible for benefits based on both incomes. You should contact the carrier who is paying the workers' compensation benefits and advise them of your other employment. Sources of income from uninsured self-employment, unreported earnings, federal employment and employment not subject to NH workers' compensation law, i.e. employment in other states are not included for the calculation of combined earnings income.
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