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Rice Law Office Blog

This blog reviews important legal issues including: personal injury, employee compensation, workers compensation, discrimination and wrongful termination.

I Just Got Hurt at Work: What Do I Need to Know?

I Just Got Hurt at Work: What Do I Need to Know?

From New Hampshire Department of Labor Frequently Asked Questions

Can I see my own doctor? 

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.

Can my employer fire me?

It depends on your case and circumstances. New Hampshire has various laws which may provide job protection for employees based upon injury, illness or disability. If your employer has 5 or more employees they 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:25-a or New Hampshire Administrative Rule Chapter Lab 504.05 Reinstatement of Employee Sustaining Compensable Injuries.

You may also want to consider whether you have right to reinstatement or job protection under the Family Medical Leave Act (FMLA), NH RSA:354-A, or the American’s with Disabilities Act (ADA). If you have questions you may want to seek an attorney as this is an important and complicated issue.

How soon does worker’s 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.

What are my rights and responsibilities?

See employee benefits for benefits payable under workers' compensation which include payment for lost wages, temporary alternative duty, reinstatement, vocational rehabilitation, payments for medical bills and compensation for identified permanent impairments.

You may also want to refer to New Hampshire Administrative Rule Chapter Lab 503 Responsibility of All Parties and New Hampshire Administrative Rule Chapter Lab 507 Responsibilities of Employees.

Do I need an attorney? 

Whether you choose to use an attorney is a personal choice. Individuals may seek legal counsel or represent themselves. If your injury is serious or may become serious, if you’re missing time from work, it may be worth consulting with an attorney who specializes in workers compensation and employment law.

Most attorneys offer free initial consultations, and contingent fee agreements which make getting help much more affordable than you would imagine.

Photo courtesy of Wikimedia user Tomas Castelazo under a Creative Commons Attribution-ShareAlike 3.0 Unported License

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