What is Workers’ Compensation?
Workers’ Compensation is a state-run program designed to assist people who have suffered accidental injury or illness while working. Basic Workers’ Compensation benefits include lost wages (known as indemnity benefits), payment of medical bills, vocational rehabilitation, and supplemental income for permanent injuries or impairments.
Weekly indemnity benefits are paid to partially replace your paycheck that your injury now prevents you from earning. Under the law, if you became totally disabled while working, you are entitled to a check from the insurance carrier in the amount of 60% of your gross average weekly wage. Generally, your average weekly wage is based on the last 26 weeks of paychecks before your injury.
Our Manchester NH based Workers’ Comp Attorneys can help you.
CALL TODAY (603) 232-5220
Workers’ Compensation & Insurance
Any medical bills you incur are automatically paid by the insurance carrier as long as they are directly related to the work place injury and are reasonable and necessary. This provision usually includes costs associated with prescriptions and over-the-counter medications, mobility devices, and reimbursement for mileage to and from the doctors’ offices.
In some cases vocational rehabilitation may also be appropriate. If your doctor has released you to return to work but you are unable to return to your prior employment, you may be entitled to receive help in finding a new job or occupation by way of a private vocational rehabilitation specialist, paid for by the insurance carrier.
If the doctor says you have a permanent impairment, you are entitled to a certain sum of money depending upon the extent of your injury. This award is evaluated by using the 5th Edition of the AMA Guides. The Workers’ Compensation lawyers at Ward Law Group can help guide you through this process.
FREE CASE EVALUATION
Ward Law Group handles cases on a contingency basis.
We do not charge you a dime unless we win.
Workers’ Compensation Settlements in NH & MA
A settlement is an agreement between parties that is voluntary. Settlements typically involve an exchange of funds as compensation. When you and an insurance company arrive at an agreement, and this agreement resolves your Workers’ Comp case, you ultimately give up your rights in your case. Often, this means the insurance company is making a lump sum settlement (one-time payment) to you, closing out your case except for medical benefits. Lump sum settlements are not typically available until you have been disabled by your injury for a certain period of time. This period is at least 12 months, but can be approved sooner if it’s in the claimant’s best interest.
When an insurance company makes a lump sum settlement, you are also giving up rights to any benefits you may receive in the future. Medical coverage is, however, exempt. After receiving your settlement, your medical coverage will continue. In NH Workers’ Compensation cases, lump sum settlements are most common.
Alternative agreements may be arranged between you and the insurance company. Instead of a one-time payment, the insurance company may arrange payments over time or allow other rights to remain open and available. Ward Law Group Workers’ Compensation attorneys will help get your settlement approved as soon as possible.
Choosing Not to Settle a Workers’ Compensation Case?
The Workers’ Compensation appeal process will continue if you have a claim that is being disputed. This typically involves a hearing officer who will decide the case for the disputed claim. Accepted claims will allow you to continue to receive your benefits, allow you eligibility for medical care, and provide you the option to receive additional benefits if your conditions worsen due to your disability. Our experienced Workers’ Compensation lawyers understand this process and can help you through.
Workers’ Compensation Settlements Must Be Approved
All Workers’ Compensation settlements must be approved by the New Hampshire Department of Labor. Parties that come to an agreement will meet with a hearing officer. Settlement terms will be reviewed and the parties best interest considered. Prior to the hearing officer finalizing the agreement, they will make sure the agreement is understood and is fair. Our Manchester NH based Workers’ Compensation lawyers can help you get the best agreement possible for your claim and help make you whole.
What Amount is a Good Amount to Settle?
Not every Workers’ Comp case is the same. The severity of the injuries will differ in every case. Consider your wages and your ability to work. Also consider the evidence in your case and if any of that evidence is conflicting. When determining the right amount for a Workers’ Compensation settlement, consider all factors involved in the case and speak with one of our Manchester NH Workers’ Compensation lawyers experienced in getting you the best possible settlement.
Do I Need a Workers’ Compensation Lawyer?
You aren’t required to have a lawyer in order to settle. You may represent yourself in your Workers’ Comp case and may come to an agreement with the insurance company. However, it’s always a good idea to consult with an attorney before agreeing to any Workers’ Compensation settlement. Without insight from a Workers’ Comp lawyer, it can be difficult to know whether you’re getting a fair deal and whether the settlement protects all of your interests. Speaking with a Workers’ Comp lawyer and receiving consultation regarding your case protects your interests and helps to ensure that the settlement works for you.
CONTACT OUR WORKERS’ COMPENSATION LAWYERS IN NH & MA TODAY
WHAT TYPES OF WORKERS’ COMPENSATION BENEFITS AM I ENTITLED TO?
New Hampshire Workers’ Comp Covers All Employees.
It doesn’t matter whose fault the injury was. In most cases, employees can get Workers’ Compensation, including part-time, temporary, and immigrant workers. Undocumented workers are eligible for most types of Workers’ Compensation benefits, including payment of medical bills.
Injured Workers’ Benefits:
New Hampshire Workers’ Compensation law is designed to help people who have an accidental injury or illness suffered while working. Basic Workers’ Compensation benefits include lost wages (known as indemnity benefits), payment of medical bills, vocational rehabilitation, and supplemental income for permanent injuries or impairments.
Weekly Indemnity Benefits:
Weekly checks are paid to you in place of your check that you usually receive from your employer. They are basically your lost wages. Under the law, if you are injured and completely unable to work, you are entitled to a check from the insurance carrier in the amount of 60% of your gross average weekly wage. Generally, your average weekly wage is based on the last 26 weeks of your paychecks before your injury.
Medical, Hospital & Remedial Care:
Any medical bills you incur are automatically paid by the insurance carrier as long as they are directly related to the work place injury and are reasonable and necessary. This provision usually includes costs associated with prescriptions and over-the-counter medications, mobility devices, and reimbursement for mileage to and from the doctors’ offices.
Vocational Rehabilitation:
In some cases vocational rehabilitation may also be appropriate. If your doctor has released you to return to work but you are unable to return to your prior employment, you may be entitled to receive help in finding a new job or occupation by way of a private vocational rehabilitation specialist, paid for by the insurance carrier.
Permanent Impairment Award:
If the doctor says you have a permanent impairment, you are entitled to a certain sum of money depending upon the extent of your injury. This award is evaluated by using the American Medical Association Guides to the Evaluation of Permanent Impairment, Fifth Edition
If your claim is denied, don’t give up. Our Workers’ Compensation lawyers and team have experience handling all levels of the claim process at the New Hampshire Department of Labor, Compensation Appeals Board, and the New Hampshire Supreme Court. Call today for your free consultation.
Frequently Asked Workers’ Compensation Questions
What do I do if I’m injured while working?
- Notify your employer
- Seek medical treatment
- Document any witnesses
Does somebody else have to be at fault to have a New Hampshire Worker’s Compensation claim?
No, Worker’s Compensation is a no-fault system. If you were injured on the job, regardless of fault, you may be entitled to compensation as a result of your work injury.
What benefits am I typically entitled to after a work injury?
- Lost wages, typically known as indemnity benefits, if you are unable to work or are forced to work reduced hours.
- Medical benefits, including mileage to and from medical appointments.
- Permanent impairment award, if you have a permanent injury as result of your work injury.
- Vocational rehabilitation services if you need assistance returning to work.
How much does it cost to hire Workers’ Compensation lawyer?
WC cases are typically done on the contingency fee basis. This means that your attorney is only paid based on a percentage of whatever they are able to get for you. In New Hampshire, attorneys are entitled to 20% of any permanent impairment award or lump sum settlement of your Workers’ Compensation claim.
Do I get pain and suffering for my Workers’ Compensation injury?
In New Hampshire, you are not entitled to pain and suffering as a result of a work injury. You are only entitled to receive pain and suffering if you are able to pursue a third-party claim.
What is the rate for mileage reimbursement?
As of Jan. 1, 2018, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) is 54.5 cents for every mile of business travel driven and 18 cents per mile driven for medical or moving purposes, up 1 cent from the rate for 2017.
This changes the mileage reimbursement rate payable under RSA 281-A:23, Medical, Hospital & Remedial Care.
This rate should be used by workers’ compensation carriers for reimbursement for eligible workers’ compensation travel expenses incurred on or after January 1, 2018.
What is the weekly compensation rate for Workers’ Compensation?
As of July 1, 2017, the maximum weekly compensation rate under the New Hampshire Workers’ Compensation Law is one thousand five hundred thirty-seven dollars and fifty cents ($1,537.50). In order for an injured employee to receive the maximum benefit, the employee must have an average weekly wage as determined by RSA 281-A: 15, in the amount of $2,562.50 or more.
As of July 1, 2017, the minimum weekly compensation rate under the New Hampshire Workers’ Compensation Law is three hundred seven dollars and fifty cents ($307.50). Minimum weekly compensation is 30% of the State’s Average Weekly Wage for injuries after 2/8/94.
How is my weekly Workers’ Compensation check amount calculated?
If an employee’s average weekly wage as calculated on Form No. 76WCA, is $307.50 or less, the weekly compensation shall be the full amount of the employee’s average weekly wage, but in no event shall the weekly compensation rate exceed 90% of the employee’s after tax earnings.
If an employee’s average weekly wage is greater than $307.50 but less than $2,562.50, the weekly compensation shall be 60% of the employee’s average weekly wage or $307.50 whichever is greater. In no event, however, shall the weekly compensation rate exceed 100% of the employee’s after tax earnings.