For executive and high-wage employees facing termination, layoff, or retirement, navigating the world of severance agreements can be complex and overwhelming. The decisions made during this period can have lasting consequences on your financial stability and professional future. To make informed choices, you must gather and review essential documents that can shed light on your rights, benefits, and obligations. In this blog, we'll detail the five documents you should carefully examine before signing any severance agreement.

1. A Complete Copy of Your Personal File

In New Hampshire, employees are entitled to a complete copy of their personnel file under RSA 275:56. This file includes all documents related to your employment, regardless of their location. It's vital to ensure that your employer provides you with all relevant information, such as notes from supervisory meetings or evaluations. Knowing what's in your personnel file can be instrumental in understanding the basis for your termination.

2. Employee Handbook or Manual

Your employer's handbook or policies contain valuable information about your rights, benefits, and obligations. Many handbooks are now online, and once you're terminated, you may lose access to this crucial resource. These policies cover everything from payment for unused paid leave to rights that may have been overlooked, such as protected leaves or workplace accommodations. Understanding these policies can be the key to securing your entitled benefits and rights.

Navigating the world of disability insurance claims can be challenging, especially when your disability benefits have been denied or terminated. Whether you're working with an attorney or going it alone, there are four essential documents you must obtain to improve your chances of a successful appeal.

Let's dive into the documents needed for your disability benefits appeal!

1. A Copy of Your Complete Insurance Policy - Many employees only receive a summary of their disability insurance plan, but to appeal a denial or termination effectively, you'll need the entire policy. Here's what you should look for:

• Statute of Limitations: Find out the time frame you have to file a claim or an appeal. Strict rules apply, so understanding and following them is crucial.
• Definition of Disability: Each policy defines disability differently, often comparing it to your job description and earnings. Pay attention to the terms related to your ability to perform the essential duties of your job and any income reduction requirements.
• Coverage Period: Know how long you can be covered under the policy if you're found disabled.
• Short-term disability coverage typically lasts 12-26 weeks before transitioning to long-term disability if applicable. Be aware of any limitations for mental health conditions and the change in eligibility criteria after one to two years.
• Pre-existing Conditions and Date of Eligibility: Check if there are waiting periods before your coverage starts and any exclusions for pre-existing conditions. Some policies may not cover conditions that existed before your employment or insurance under the plan.
• Offsets: Understand the list of offsets the insurance company can use to reduce your benefits, including social security, other insurance policies, or even withdrawals from retirement funds.
• Limitations to Coverage: Be aware of exclusions for work-related injuries or illnesses. There may be exceptions, so know the rules. For instance, if your workers' compensation claim is denied, you might be eligible for short-term disability while you appeal the workers' compensation decision.

2: Your Job Description and Personnel File - When preparing to appeal a denied disability claim, your job description and personnel file are vital. They help demonstrate your inability to perform the essential duties of your job due to your disability.

Here's what you should do:

• Request Your Personnel File: Begin by obtaining copies of your personnel file, which includes details about your employment history, evaluations, and any disciplinary actions.
• Obtain Your Written Job Description: Get a copy of your job description, as it outlines the specific tasks and responsibilities associated with your position. Your attorney will analyze this document to identify essential duties you can no longer perform due to your disability.
• Provide Evidence of Work-Related Struggles: To establish eligibility for disability insurance benefits, you must demonstrate that you struggled at work, failed to meet expectations, or encountered difficulties completing tasks.
• Gather evidence such as performance reviews, work-related emails, and any documentation reflecting these challenges.
• Rely on Medical Evidence: Medical evidence is crucial in supporting your disability claim. Consult your physician, who can review your job description and offer their professional opinion on tasks you can't perform due to your medical condition.
• Highlight Discrepancies: Your attorney will scrutinize the discrepancies between your job requirements and your abilities resulting from your disability. Any tasks in your job description that you can't perform are essential for your appeal.
• Document Missed Work and Productivity Decline: Keep records of missed work days and declining productivity, as this evidence links your disability to work-related issues.

3: Gathering Your Complete Medical Records - One of the most common reasons for denied disability claims is incomplete medical records. You can improve your appeal by obtaining your complete medical records. Here's how:

I. GROUP I MEMBERS, TEACHERS, AND EMPLOYEES, ARE ACTUALLY ENTITLED TO FOUR CATEGORIES OF BENEFITS UNDER NHRS

1. Retirement Pension Payments
2. Disability Pension Payments
3. Death Benefits
4. Health Insurance Continuation

II. NHRS IS A DEFINED BENEFIT PLAN

 As a defined benefit plan, NHRS pays members a monthly benefit for their lifetime. This is different from a Defined Contribution Plan (such as a 403b or 401k), which is limited to the amount the member puts in their account. When a defined contribution account is emptied, the payments end. By comparison, as a Defined Benefit Plan, the NHRS pension provides a set amount of monthly income for the member’s lifetime, (it may be adjusted for cost-of-living increases). The amount of the monthly pension paid is calculated based upon a formula of factors including Creditable Service (years of service in an NHRS job) and the member’s Average Final Compensation (an average of the highest three or five years based on year of vesting).

III. CREDITABLE SERVICE (ALSO REFERRED TO AS “SERVICE CREDIT”) IS A KEY VARIABLE IN DETERMINING A MEMBER’S NEW HAMPSHIRE RETIREMENT SYSTEM (NHRS) PENSION BENEFITS

Members earn creditable service, while they are contributing to NHRS through their NHRS-covered employment, or when they are contributing to NHRS on their earnings from an NHRS employer-funded disability plan. 

 Members may also be able to purchase or add back service credit lost in certain circumstances such as when an employee loses service credit for time away from work due to military service or workers’ compensation, or if an employee loses credit due to an employer’s enrollment oversight or due to a withdrawal of contributions due to termination of employment followed by a return to NHRS employment.

The rules for these circumstances vary and the members must seek advice as to whether they might be eligible and/or how to take advantage of this right. However, it is an important right to consider as creditable service is a primary factor in the calculation of pension benefits and it’s important to get credit for all years served in the system.

NHRS is the New Hampshire retirement pension plan for educators and staff, but it’s so much more. To secure your future by making use of all the available benefits you have, It Pays to Get Informed, literally. 

We know employees who take the time to get informed are better prepared and empowered to maximize the benefits offered by NHRS and this translates into greater financial security and peace of mind.

The Information you need to prepare for the unexpected and plan for the future is readily available and free for the asking, it just needs to be shared and that’s what we aim to do.  In this Four-Part series we invite you to come back to school, so you too can learn about all that NHRS has to offer.

Part 1 of this series is available now. Click here for Part 1 - Pension Power: Unlocking Your NHRS Benefits - 5 Crucial Insights for NHRS Group I Members-Public and School Employees

Breastfeeding Awareness Month is a good time to review the protections in place for nursing parents in New Hampshire, in and out of the workplace.

FEDERAL PROTECTIONS
Breastfeeding employees in New Hampshire are protected by the federal FLSA’s PUMP for Nursing Mothers Act. Under this federal mandate, breastfeeding employees are entitled to reasonable break time and a private space (other than a bathroom) to pump at work for up to one year after the child’s birth. In addition, if an employee is still working, any break time spent pumping should be considered hours worked and compensated accordingly.

If a company has 50 or fewer employees and compliance constitutes a “hardship“ to the employer, the requirements can be waived. The burden of proof, however, is on the employer to show that enforcement of the law would cause “undue hardship.“ in addition, the Pump Act grants breastfeeding employees the right to file a lawsuit against their employer for noncompliance. Prior to making a claim against an employer, breastfeeding employees are required to notify their employer that they’re not in compliance. The employer then has 10 days to comply (Note, employees are not required to give employers 10 days to comply with non-space violations, such as harassment or violations of break time). Legal remedies available to employees include employment reinstatement, promotion, and/or monetary damages, such as lost wages, emotional distress, attorneys’ fees, and Lawsuit costs.

Nursing mothers covered by the Pump Act include salaried workers, healthcare workers, teachers, and agricultural workers,, among others. However, the act did make some coverage exceptions, such as for airline pilots and flight attendants.

STATE RIGHTS
In addition to the federal law protection, New Hampshire law provides additional protections and rights for nursing employees. For example, breastfeeding mothers in New Hampshire are exempt from indecent exposure laws and have the right to breastfeed in public in accordance with NH RSA 132:10-d (1999 which states that “breast-feeding, a child does not constitute an active indecent exposure, and to restrict or limit the right of a mother to breast-feed, her child is discriminatory.“ if an individual feels they have been discriminated against, they can file a complaint with the New Hampshire Commission for Human Rights in accordance with this law.

In addition, as of 2020, New Hampshire state workers can bring their babies (between the ages of six weeks and six months) to work with them, if they work for a state agency that has opted into the program. The program “Infants in the Workplace” initiative was signed as an executive order by Governor Sununu (executive order 20 19–08). The criterion for eligibility includes that the worker has drawn up an “individualized plan“ for the infant, and that the parent “ensure that the presence of the infant does not create habitual disturbances in the workplace.“ According to the order, it’s intention “provides parents an option to remain in the workforce, improves employee retention, optimizes parent – infant bonding, and breastfeeding, and improves the health of parent and baby.“

New Hampshire also has a breastfeeding task force that is a nonprofit organization whose mission is to “protect, promote, and support breastfeeding, through education, outreach, and advocacy” called nhbreastfeedingtaskforce.org. This group provides valuable resources for breastfeeding families.

Under newly implemented federal rules of the 21st Century Cures Act 2022, patients across the country gained unfettered access to their full health records in electronic format, without the need for fax machines or exorbitant charges for printed pages.

Why Is This Important?

Easy access to health records puts the patient in control of decisions regarding their health and well-being. It allows patients to monitor their health conditions better, understand and stay on track with treatments, and find and fix errors in their record.

Errors in medical documentation occur with some frequency and with the sharing of electronic records between providers, the risk of an error spreading throughout a patient’s medical providers is all too real. A slip of the tongue by one provider, resulting in reference to the left shoulder for example, instead of the right shoulder, could alter a patient’s records going forward. This error can be carried forward from record to record by virtue of the electronic medical record sharing process impacting the quality of patients’ future care and health outcomes.

In addition to discovering incorrect records and errors, greater access to electronic health information improves communication, especially for patients with chronic illness or severe injuries, giving patients ownership of their own care and providing them with the opportunity to assist in ensuring that their medical records are more complete and accurate.

Now that you're ready to file your workers' compensation claim, here, in part three, we're going to share a few insider tips about how to start that process and what you should keep in mind along the way. 

First, here's what workers' compensation attorneys know, that you should know as you begin this process:

• The Workers' Compensation insurance company that is handling your claim is a business whose purpose is to make money.
• No matter how nice the insurance company representative (adjuster) seems, (and some really are!) you should not be fooled into thinking that they work for you or that the adjuster is your advocate. That's simply not the case.
• The insurance company representative (adjuster) works for the insurance company and his or her job is to limit the amount of money that their employer pays you as a result of this claim.
• The more serious your injury, the more of threat you are to their profit goals.

Second, don't worry, you got this. Knowing who plays for which team is half the battle, and for the second half, here are four things you can do to even the odds when you file your workers' compensation insurance claim:

• Be sure to promptly report your injury
• Take care to document your injury by completely and accurately filling out a First Report of Injury form.
• Be sure all your doctors know this is a work injury and that they fill out the paperwork to make that clear.
• Don't rely on the insurer or your employer to gather information to support your claim. Instead, do what you can to find and document the evidence you may need to prove you were hurt at work.

Third, there is actually a Fifth thing you can do to even the odds and that's to work with an attorney and don't worry, you can afford it. Here's how:

• Some claims can be handled on your own, but where the injury is serious and the stakes are high, you may want to get some help to be sure you can protect yourself and your family.
• Most workers' compensation attorneys offer Free Consultations, with no commitment.
• After that, if you do decide to hire an attorney, ask about a Contingency Fee Agreement, where you would not have to pay any money up front and the attorney gets paid a percentage of what they recover for you in back wages, permanent impairment or if you settle your case.

Workers' compensation insurance is your right and the best way to protect you and your family if you get hurt at work.  Learn more at www.ricelaw-office.com. 

Learn more about 5 important things to do when you get hurt at work in Part One and Part Two of our five part workers' compensation blog series. Or visit https://ricelaw-office.com/blog/categories/workers-compensation to view a complete list of workers' compensation resources for New Hampshire workers. 

If you need money due to financial hardships caused by total and permanent disability, you may be able to access funds by making a Penalty Free withdrawal from your retirement savings account. 

More than one in four of today’s 21 year olds can expect to be out of work for at least a year due to a disabling condition before they reach their normal retirement age. For some, the inability to work full time will be permanent. 

Workers’ compensation, short or long term disability, pensions and social security can soften the blow of losing an income to disability, but often it’s just not enough to keep up. Fortunately, there is a little known option available to people who become disabled due to a physical condition or mental illness.

Using the Disability Exception to the Early Distribution Penalty Tax for Retirement Accounts, qualifying disabled individuals can take money out of their 401(k), IRA plan, and other qualified plans, and SEP, SIMPLE IRA, and SARSEP plans before they turn 59 and 1/2 without the 10% early distribution penalty tax that normally applies. 

For many workers, their largest savings, next to a home, is their retirement account, so when things get tough, they look to this savings to help with the mounting bills. The problem is, unless they are taking advantage of the early withdrawal exception for disabled workers, taking that money can come with a steep loss. Between the taxes and 10% early withdrawal penalty folks can easily lose up to 30-40% of their savings by making an early withdrawal. Depending on your circumstances, there might be a much better way to access your savings with less loss.

If you have to withdraw money early from your retirement savings due to lost income from permanent disability, there may be a better way to do it in order to maximize your dollar value.

Under the Disability Exception, the IRS allows qualifying disabled workers to take early distributions from their retirement account without the 10% penalty. On a $100,000 withdrawal that’s a potential for $10,000 in savings that can be used to pay down a mortgage, offset living expenses or help pay for necessary medical procedures.

When you file a Worker's Compensation claim, you are NOT suing your employer.

In part one of this series, 5 IMPORTANT THINGS TO KNOW IF YOU GET HURT AT WORK, we outlined the five key benefits and protections you are entitled to receive if you get hurt at work in New Hampshire. 

The second important thing to know is that when you file a claim for a work injury you are not suing your employer.

In fact, in New Hampshire employees aren't allowed to sue their employer for a work injury with very few exceptions. An employee's right to sue for a work injury was eliminated and replaced with an insurance system aimed at better protecting employees while avoiding the awkward, hard feelings that would come from employees suing employers for work injuries.

That's right, every employer in New Hampshire with more than one employee is required to purchase Workers' Compensation Insurance Coverage to pay for their employees' work related medical treatment and time out of work.

You May Be Entitled to Payments and Protections 

If you get hurt at work in New Hampshire, you may be eligible to receive the following important payments and protections as a matter of law:

1. Payment for Lost Wages
2. Payment of Medical Bills
3. Payment for Permanent Injury
4. Job Protections
5. Vocational Rehabilitation Services

1. Payment for Lost Wages

If your claim is accepted, the workers' compensation insurance company is obligated to pay for your resulting lost wages at 60% of your Average Weekly Wage (AWW). There are various ways to establish your wage and an attorney can help you with this to be sure you are being paid all you are due.

2. Payment of Medical Bills

You're entitled to payment for your medical bills resulting from an accepted work injury, but the insurance company has the right to refuse to pay a bill if they think the treatment wasn't related, reasonable or necessary. If this happens, you have the right to request a hearing to appeal that decision.

What does the law say about employment discrimination? How do you know if you have a case in New Hampshire? How long do you have to file a claim? Find these answers and more in this detailed review of New Hampshire's employment discrimination laws.

Frequently asked questions about employment discrimination in New Hampshire. 

1. What kinds of employment discrimination are against the law in New Hampshire?

New Hampshire employees are entitled to protections against unfair discrimination under the patchwork quilt of combined Federal and New Hampshire state laws. These laws combine to provide many employees with protection against discrimination in the workplace on the basis of age, race, religion, sex, gender expression and identity, national origin, disability, military status, citizenship, sexual orientation, marital status, genetic information and pregnancy.

The state and federal laws against discrimination are not identical. This means the type and extent of available protections can vary under the law. For example, the New Hampshire discrimination law is applicable to employers with as few as 6 employees, but federal protections only apply to employers with over 20 employees. Therefore, if you are a New Hampshire employee, employed by an employer with ten employees, you may have protection under the state discrimination law, but not under the federal law.  Another example is found in what protections the two laws offer. New Hampshire law offers protection for marital status, while the federal law does not. The time limit for bringing these types of claims also varies under state and federal law and you may have as few as 180 days from the date of discrimination to file a claim.

The U.S. Department of Labor’s Wage and Hour Division (WHD)is responsible for enforcing some of the nation’s most comprehensive federal labor laws on topics including minimum wage, overtime pay, recordkeeping, child labor, family and medical leave, migrant and seasonal worker protections, lie detector tests, worker protections in certain temporary guest worker programs, and the prevailing wages for government-funded service and construction contracts. Collectively, these laws cover most private, state, and local government employment, and protect over 143 million employees in more than 9.8 million establishments nationwide.

Overview of general employee protections:

Minimum Wage and Deductions: The federal minimum wage must be paid for all hours worked. Where a state law requires a higher minimum wage, the higher standard applies. Wages cannot be reduced below the federal minimum wage by deductions for job-related expenses such as uniforms.

Overtime and Regular Rate: Non-exempt employees must receive time and one-half the regular rate of pay after 40 hours of work in a 7-day workweek. Regular rate includes all compensation, such as non-discretionary bonuses and shift differentials. In nursing homes and residential living facilities, employers may pay overtime after 8 hours in any one day and 80 hours in a 14-day pay period.

Exemptions: Certain salaried managerial and professional employees are exempt from the minimum wage and overtime regulations, but only if they meet specific salary, duty, and/or educational requirements.

Child Labor: Federal child labor law generally prohibits the employment of minors under the age of 14, restricts the hours of work for minors under 16, and prohibits the employment of minors under the age of 18 in any hazardous occupation. Detailed information on both federal and state child labor laws is available on the internet at www.youthrules.dol.gov.

The United States Department of Labor has published an Employee Guide to the Family and Medical Leave Act that answers common questions about the FMLA and clarifies who can take FMLA leave and what protections the FMLA provides. This guide provides helpful information for New Hampshire employees who may need to take leave from work for their own serious health condition or to care for a child, spouse or parent. See our blog Family Medical Leave Act at A Glance Part - 1

 The United States Department of Labor's new Employee Guide specifically addresses questions such as:

• Who can use FMLA? (Coverage and Eligibility)
• When can I use FMLA? (Qualifying reasons to take FMLA)
• What can the FMLA do for me? (FMLA rights and protections)
• How do I request FMLA leave?
• Communication with Employer (Employer and Employee Notices)
• Medical Certification
• Returning to Work (Reinstatement rights)
• How to File a Complaint

The Employee Guide also includes three flow charts that detail how FMLA coverage and eligibility are determined, maps out the FMLA leave process, and how the FMLA medical certification process works. It addresses the FMLA definition of "son or daughter," including in loco parentis relationships, even if the employee has no biological or legal relationship to the child, as provided in the Department's June 2010 FMLA Administrator Interpretation. It also provides detailed information on how an employee can file an FMLA complaint with the WHD if they believe their FMLA rights have been violated.

The Employee Guide to the FMLA can be accessed directly from the US Department of Labor at: https://www.dol.gov/agencies/whd/fmla/employee-guide

Family and Medical Leave Act - New Hampshire

The Family Medical Leave Act (FMLA) is a federal law that provides vital job protection to many New Hampshire employees who need to take time off from work because of their own serious health condition, or because they need to care for a parent, spouse, or child. 

The FMLA is a federal law that entitles eligible New Hampshire employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Employees can take time all at once, or intermittently as the circumstances require.

AT A GLANCE

Covered Employers: This includes all employers with 50 or more employees in a 50-mile radius or public agency, elementary, or secondary school.

What do you do when prevention has failed, and you’ve been injured at work? 

Even with the best efforts, accidents happen, and serious injuries can result in unpaid medical bills, lost time from work, lost wages, and job insecurity.  The good news is there is FREE information available through places like OSHA and the New Hampshire Department of Labor. 

For OSHA’s national website go to https://www.osha.gov/ and for OSHA’s New Hampshire office, go to https://www.osha.gov/contactus/bystate/NH/areaoffice

 If you need assistance and/or contact information, go to the New Hampshire Department of Labor website: https://www.nh.gov/labor/  For information about workplace injuries on the NHDOL website go to https://www.nh.gov/labor/workers-comp/workplace-injuries.htm

If you need additional assistance and want to help maximize recovery and limit losses, contact an attorney who specializes in New Hampshire Workers’ Compensation or New Hampshire employment.

#1.  If you’re working at 6 feet or more, use fall protection. Falls from that height can be fatal.

#2.  Before starting a job, assess your surroundings, and if you’ll be working at heights, make a fall prevention plan.

#3.  Be sure you and your team have the right equipment for the job. Don’t wait until the worst happens to speak up.

#4.  Make sure your employer trains everyone to use their equipment safely. Your safety depends on your coworkers as much as it does on you.

#5.  Never assume your equipment is ready for the job. Take the time to inspect your harness, lanyard, and anchorage point before each use.

This week (May 3 to May 7, 2021) is designated as National Construction Safety Week and the timing seems perfect as residential and commercial construction is at an all-time high, and the government is looking to increase spending on infrastructure. More work means more money, more jobs, but also more risk of workplace injuries.

We know construction workers face some of the highest risks for injuries at work and that falls on job sites account for some of the most serious injuries, including a large number of workplace deaths. In fact, according to data from the US Bureau of Labor Statistics Fatalities, falls accounted for one-fourth of construction fatalities in 2019. What’s worse is that workers in New Hampshire and across the country continue to be placed at risk every day despite the fact that many of these injuries could easily be preventable.  

That’s where Construction Safety Week comes in. By designating this week as Safety Week, Construction Industry Leaders hope to draw attention to not just to the hazards that exist, but to the practical and preventive measures available to reduce the risk of injury at work.

In a tag team effort, the Occupational Safety and Health Administration OSHA, has partnered with the construction industry to encourage employers to learn how to better control fall-related hazards, and improve their safety and health programs, to reduce the risk of serious and fatal injuries from falls. OSHA has dedicated this week as National Safety Stand-Down Week. You can visit OSHA’s national safety stand down web page for resources and information about events, training and other safety measures aimed at preventing falls in the construction industry.

For more information about preventing falls in the workplace, follow this link: https://www.osha.gov/stopfalls/ 

15:46:29

With the phased lifting of the stay at home order and the ensuing return to business and work, questions about employer and employee rights have begun to surface in increasing numbers. The problem is, all too often the speed, breadth, and impact of the COVID-19 outbreak has outpaced the ability to predict or even respond to the myriad legal questions raised as a result of this pandemic.

The Governor has issued emergency orders to establish protections for some workers and to offer guidance for employers as they begin to reopen. The Federal government has also responded with the CARES ACT, the First Families Corona Virus Recovery Act (FFCRA) and other pieces of legislation aimed at easing the economic impact of this health crisis.

In addition to new laws, orders and regulations, there are existing laws that can provide answers and protection as we all work together to forge a new path forward. Employees and employers can and should still look to the Family Medical Leave Act (FMLA) and sick leave policies as well as collective bargaining agreements to find guidance about leave time related to COVID-19. State and federal laws regarding disability rights and accommodations such as the ADA and New Hampshire RSA 354-A will offer clarity as to rights and responsibilities for employees who have disabilities due to COVID-19 or health complications due to the increased risk of contracting COVID-19. 

For employees who contract COVID-19 at work, there is protection in the form of payments for medical bills and lost wages under our state workers’ compensation laws and between the state and federal government. Many employees will have the right to increased benefits for unemployment.

There are many options, rights and benefits for employees and employers impacted by COVID-19, but the challenge has been in getting that information out to the public and then combing through the options to find the best combination of protections and benefits for each circumstance.

For some employees, workers’ compensation will be the best route to recovery for lost time from work due to illness, but for others, they may find an easier path and better coverage for lost wages by using accrued sick time. Employees with complications that will keep them out of work, but who can still perform their duties remotely, may be able to stay employed by requesting accommodations. These last few months have shown that many businesses can still function with remote workers and thus accommodations that would have been considered a hardship in January, may be perfectly reasonable now. If an employee is ill or vulnerable to becoming ill due to an underlying disability and remote work isn’t an option, it may be possible for the employee to access short- or long-term disability. Some employees who are let go or have to leave work due to COVID-19 will be eligible for unemployment benefits.

Serious injury that results in disability, or may result in disability, should trigger an early and thorough analysis of the client’s rights and obligations with respect to employment and other disability benefits.

All too often, seriously injured clients face bankruptcy, eviction, and worse, during the pendency of their PI case and this kind of harm and resulting desperation isn’t necessary. There is much that can be done to protect our client’s continued employment, or at least to tide them over with continuation of benefits and/or wage replacement. Finding these supports is not only a huge added value that injury and workers compensation attorneys can provide to their clients, but it also improves the outcome of the client’s case.

Your documentation can help reduce the stress of lost work and benefits

Clients who are not under the stress of potential job loss and financial ruin are better able to hold on for the right outcome. More, they are less likely to suffer anxiety and depression and more able to assist in their litigation with calm and credible presentation. In addition, the ability to document a client’s injuries in their medical records is a critical component to success. All too often we hear that injuries and symptoms that don’t appear in a doctor’s record are assumed not to exist. Unfortunately, this kind of documentation requires access to care and insurance and a person who is injured, out of work and just scraping by, may not have the money to keep their insurance going or to pay out of pocket for expensive medical appointments. All too often, injured people wait to get treatment because they can’t afford it.  Its understandable, but putting off medical care can not only weaken the legal case, but more important, it can result in longer periods of disability and tremendous stress on clients and their families. The longer the period of time out of work, the longer the client goes without money or benefits and the cycle continues.

COVERAGE FOR INJURIES INCURRED OUTSIDE NH

Even if an employee is injured while working outside the geographic boundaries of the state of New Hampshire, he or she still may be eligible to receive Worker's Compensation benefits under our laws. 

An injured employee is entitled to Worker's Compensation benefits even if the injury takes place outside of New Hampshire If the employee can show that he or she would've been entitled to Worker's Compensation benefits had the injury taken place in this state AND that the following is true:

1)The employer is engaged in business in this state;

2) The contract of employment was made in this state; and

3) The contract of employment was not expressly for services exclusively outside of the state of New Hampshire.