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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.

Penalty Free Early Retirement Withdrawal for Disabled Workers

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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.

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5  IMPORTANT THINGS TO KNOW IF YOU GET HURT AT WORK - (PART TWO)

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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.

 

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5 IMPORTANT THINGS TO KNOW IF YOU GET HURT AT WORK

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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.

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Top Three Tips for maximizing recovery in your personal injury case

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Whether you plan to try to represent yourself or you’ve decided to work with a personal injury attorney to help you with your personal injury case, here are three things to keep in mind in order to ensure fair compensation for your injuries. 

 

#1. Preserve The evidence

The more you can do to preserve evidence, the greater the chance of winning your personal injury case and maximizing your recovery. Your claim for compensation will need to be backed up with credible evidence, including written documents, witness statements, medical records and photographs. Therefore, whatever you can do along the way to preserve these critical pieces of evidence, will help you to maximize your recovery of fair compensation for your injuries. 

 

Examples of evidence you can gather for your personal injury case:

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100 million Americans have chronic pain. Very few use one of the best tools to treat it. (shared article)

chronic-pain

 

Read this interesting article about the scientific studies involving chronic pain and the human brain.

Chronic pain often has no physical cause. Psychotherapy can reduce the suffering.

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The Number One Tip to Maximizing Benefits Pending Injury Litigation

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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.

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Worker's Compensation Benefits in New Hampshire FOR EMPLOYEES INJURED WHILE WORKING OUT OF STATE

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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.

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Injuries Incurred Due To Intoxication On The Job: Out of Luck, Right? Maybe Not!


As we have addressed in our other Blogs about work place injury, Worker's Compensation insurance in New Hampshire covers nearly every injury suffered by employees as long as the injury is suffered during and in the course of employment.  However, we have also told you there are exceptions. 

Among the exceptions to coverage are for example, instances in which an injury is caused in whole or in part by the employee’s intoxication.  In such cases, the law says an employer and it's insurance company is NOT liable for that injury even if it occurred in and during the course of work.

However, as it turns out, the conversation doesn’t end there.  There is an exception to the exception!

Here's The Twist:

The intoxication exception does not apply if the employer knew that the employee was intoxicated. That’s right, if the employer knows about the intoxication and the employee gets injured at work, there still might be coverage under worker’s compensation.

At first it might seem hard to imagine how this could occur, but upon further consideration, a few circumstances might come to mind...

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Three things you might not know about workers’ compensation benefits in New Hampshire


1) The first three days of an injury might go unpaid

Did you know that even if an injured employee's claim was accepted by the workers' compensation insurance carrier, the employee is not entitled to be paid any compensation for lost wages for the first three days of disability unless the disability continues for 14 days or longer? 

It's true. The first three days of disability go unpaid unless the employee's injury lasts for 14 days or more. This means that employees may need to make use of sick leave to supplement workers' compensation for injuries that don't result in prolonged time out of work.

 

2) Compensation rates can vary by profession

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Always see a doctor right away if you have been in a car accident.

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 It's important to see a doctor right away after you've been involved in a car accident even if you think you didn't sustain any injuries. 

 
In the moments and hours after a traumatic injury people go through a period of shock. The body reacts by sending chemicals and messages throughout your system aimed at helping you get through the initial stages of the crisis.  Pain is the loud voice that tells us to get help, but it can also interfere with thinking, so when your body senses it's in survival mode, it has the ability to reduce pain or even mask it all together. As a result, some people feel no pain right away, despite having been injured. 
 
Although this natural defense mechanism is helpful at first, it can backfire if you don't undergo a medical evaluation. You might feel fine right away, but still be injured. In the hours and days that follow, as the adrenaline wears off, the pain comes through, but in the meantime, you have been nonetheless injured all along. 
 
Going without immediate medical treatment could mean a missed opportunity for early intervention which could make your injury worse or your recovery period longer. 
 
 
Not all serious injuries resulting from car accidents or serious falls are immediately noticeable. Shock and your body's reaction to it, can mask your injuries for days or even weeks after an accident. This is particularly true in the case of traumatic brain and head injuries, but also injuries to the back, neck and spine. 
 
You may also overlook the potential impact of the emotional trauma you just went through. It's natural to experience emotional distress when you go through a trauma, particularly in cases where you may have witnessed the serious injury or death of another individual or worse, a loved one.  This emotional distress could lead to psychological damages if not treated, as it weighs on your mind and takes its toll. 
 
The best course of action  in a serious accident is to see a doctor right away, regardless of whether you are in pain or think you've been injured. 
 
The doctor will be able to examine you thoroughly and conduct any tests necessary to assess whether you've been injured in the accident, even if your body is doing its best to mask your symptoms. 
 
If, by the time you get to the hospital, you've begun to feel any discomfort or pain, or if the doctor determines that you have been injured, then he or she will be able to treat your injuries early and proactively to improve your odds of a full recovery.
 
Still, despite this practical advice, we understand many people don't want to bother with seeing a doctor when they believe their accident was just minor. If feels like a lot of fuss, attention, and maybe even a waste of time and energy. 
 
The problem is, if you fail to seek medical attention right away, and it turns out later that you did suffer an injury, in addition to the health risks you could incur, there can also be legal and financial consequences.  
 
In order to get insurance coverage to help you recover from your damages, including your medical bills, lost wages and pain and suffering, you will need to prove that you were injured as a result of the negligence of another person.  
 
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Car Accidents in New Hampshire: What do I do?


 

Car accidents are a serious public health hazard in the United States. In every year since 2010 there has been more than 30,000 fatalities on the road. While traffic deaths in the U.S. had been declining in recent years, we are currently on pace for the deadliest year on the roads since 2007 when there were more than 41,000 deaths from traffic accidents.

Car accidents in New Hampshire have seen a 61 percent increase in fatalities so far this year. This is the second highest rate of increase in road deaths in the country, trailing only Vermont.  New Hampshire has launched several programs aimed at reducing accidents on the road, but for now drivers should be aware that it's a particularly dangerous time to be on the roads.

Fatalities may be the most severe outcome of traffic accidents, but there have also been more than 2.2 million non-fatal injuries from car accidents through the first 6 months of 2017. These injuries can be costly in terms of medical care and treatment, but can also lead to missing time at work and other disruptions at home and in our communities.

 

If you are unlucky enough to be in an accident its important that you know how to respond. The New Hampshire DMV lists some helpful tips on its website, but the key things to know are:

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Tips for Car Seat Safety in the Summer Months

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With summer here and school out, more and more of us are on the move in cars with kids in tow. 

As our little ones travel back-and-forth between daycare, camp, the beach and play dates, they'll also find themselves riding in other people's cars. According to the Center for Disease Control, 150 children between ages 0 and 19 are being treated in emergency departments across the country for injuries sustained in motor vehicle crashes every hour. With this in mind, it's important that we do everything we can to keep our children safe from road traffic injuries. Thankfully, there are small steps we can take which have a huge impact in securing that our children will get from place to place safely this summer. One of most obvious places to start is with our childrens’ car seats.

 

We all know it's important that we make sure our children are properly buckled up in a car seat. However, it can be a challenge to install a car seat correctly and even more of a struggle sometimes to wrangle wiggly kids into their restraints.  As a result, friends or caregivers who are tasked with transportation this summer but who aren't as familiar with your car seat, might have a hard time tucking your children in safely. 

 

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What workers’ compensation benefits am I entitled to if I get injured at work?

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Employees who suffer an injury at work may be eligible for additional coverage and workers' compensation benefits.  It’s important to be informed right from the start to get the greatest protection possible.

 

Worker’s compensation benefits include:

  • Wage replacement benefits
  • Payment for medical bills
  • Job protections 
  • Payments for permanent injuries

 

In addition, some cases end up settling for what is called a lump sum settlement.  This is only entered into when both sides agree and it usually involves a final payment with an agreement to end the right to many of the benefits. 

The process for making a claim begins when the employee files a first report of injury to give notice to their employer of the fact that an injury took place at work. This notice then triggers a claim being filed with the Worker's Compensation insurance company who will then review the claim and make a determination as to whether they will cover the claim or not. 

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Personal Injury Blog Part 3: When can personal injury claims be combined with a claim for workers' compensation?

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When an employee gets hurt during and in the course of work, it is usually true that the "exclusive remedy" for the worker’s losses comes from the workers' compensation laws and the workers' compensation insurance company. However, that isn't entirely true. While the employee’s exclusive remedy against the employer comes from workers' compensation (assuming the employer carries workers' compensation insurance), the employee may also obtain damages or benefits from another person who is not the employer and who is responsible for the damages suffered. This is what's known as a "third-party claim."

 

Workers’ Compensation As The “Exclusive Remedy” for Injuries At Work.

Usually, if an employee gets hurt at work, the employee can make a claim for workers' compensation, but the employee cannot file a lawsuit against the employer. This is generally thought of as a good thing, because it means that employees who are hurt at work typically do not have to file a lawsuit with the time and cost that entails in order to get benefits.  Lawsuits are tough, and in order to get paid under a personal injury claim, the injured person has to prove that someone else was negligent and responsible for the injury. That’s a problem for two reasons.

 

  • First, not all injuries at work ARE caused by someone else. Often they are just bad luck, or might even be due to the employee’s own mistake.  Under workers’ compensation, these injuries are covered regardless of whose fault it is or if there is any fault.  As long as the injury is work related, it is covered, and that is a tremendous benefit. 
  • Second, personal injury cases can take years. In the meantime, the injured person might not be able to work, and the medical bills will continue to stream in.  In a personal injury claim (for an injury that happens outside of work), there is no built in coverage to help pay medical bills or to cover the lost wages that occur while the lawsuit is going on.  If the injured person doesn’t have health insurance, they are in a difficult place, as they can’t force the other person to pay for those bills until they can prove their case and show the other person was at fault. Similarly, lost wages are not paid as they occur, but only after settlement or a favorable judgment in court.  Last but not least, there is no guarantee of job protection for a person who is out of work for an extended time during the pendency of a personal injury law suit. 

As a result, people with serious injuries that occur outside of work have to hope they can prove someone else was liable, but they also have to figure out how to hold on financially while the lawsuit is pending.  This can be a huge stress, as the courts are backed up and this process can take time.

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Workers' Compensation - The clock is ticking if you are injured at work in NH 

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Most employees know that if they are hurt during and in the course of work that they are likely entitled to workers' compensation benefits to help them with their lost wages and medical bills as a result of their personal injury. Few employees are aware, however, of the time limitations for providing a notice of personal injury or filing a workers' compensation claim and the consequences of late filing are huge.

 

Employees who fail to complete a notice of injury or fail to also file a workers' compensation claim within the appropriate time limits might lose out completely in their benefits if they are not careful. 

Here is what you need to know about filing a notice, claim and appeal if you get hurt at work:

 

  1. Notice of injury.  

Claims for workers' compensation injuries begin with something called a "notice of injury."

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Personal Injury Blog Series - Part 2: What is a personal injury claim?

Personal Injury Blog Series - Part 2: What is a personal injury claim?

A Personal injury claim arises when there is a physical, mental or emotional injury, which occurs as a result of negligence on the behalf of another individual, business or other entity. Typically, personal injury claims arise out of "accidents" such as auto accidents, traffic accidents or slip and fall accidents where a person is injured due to the negligence of another. 

Where there is a personal injury claim, the victim may be entitled to compensation for damages resulting from the injury such as payment for medical bills, lost wages and compensation for pain and suffering.  Often there is insurance available to cover these losses.

To bring a personal injury lawsuit to recover compensation for damages resulting from an injury, the injured victim must establish that:

The other person involved in the accident had a "duty" to the victim which was "breached" due to "negligence" (or intentional wrongful acts) and which thereby resulted in injury and damages. 

Each of these terms has a particular meaning under the law which can vary from our common sense understanding. Therefore, most people find having a personal injury attorney can be a valuable resource in determining if they have a claim and if so, in managing the claim process. 

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Personal Injury Blog Series - Part 1: What types of injuries might require a personal injury attorney’s help?

Personal Injury Blog Series - Part 1: What types of injuries might require a personal injury attorney’s help?

When you are injured, through no fault of your own, often times it’s the result of someone else’s negligence. Whether it be a car accident someone else caused, a dog bite from a loose dog, an accidental slip and fall on the grocery store’s wet floor or some other form of painful bodily injury; the fact is, you wouldn’t have been injured, if somebody else had been taking care of their responsibilities. 

 

If you are wondering whether or not you should seek a personal injury attorney, here are four great questions to ask yourself in the process:

 

  1. As a result of your injury, have you had to seek medical care? If the answer to this question is “yes”, then you should definitely consider the help of a personal injury attorney. Serious injuries usually result in huge medical bills and even if you’re lucky enough to have health insurance, you still have co pays and deductibles because of an injury someone else caused. The good news is the person who caused your injury may have liability, motor vehicle or home owner’s insurance which is intended to cover just this kind of loss and an attorney can help you with your claim.

 

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What Damages Am I Entitled to Recover if I’m Injured in a Car Accident?

If you were injured in an automobile accident which was not your fault, you may be entitled to payment for your medical bills, damage to your vehicle, pain and suffering, lost wages, permanent injuries, and for other expenses incurred as a result of your injury. But that's only half the story. Usually, victims of car accidents leading to serious physical injuries also have significant lost time from work that puts wages, benefits, and job security at risk.

If you've been seriously injured in an automobile accident which results in lost time from work, medical bills, or lasting injury, you will want to immediately consult with an attorney who is experienced in BOTH injury and employment law to ensure you get the most protection available. An experienced injury/employment attorney will consider all the resources available to address your injury, but also to help you with your loss of income during the healing process. 

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NH Chief Justice Tina Nadeau Champions Drug Court System

NH Chief Justice Tina Nadeau Champions Drug Court System

New Hampshire is currently considering legislation that would expand the “drug court” system, which proponents say are more effective in reducing crime and fighting addiction. The drug courts offer an alternative to incarceration for high-risk drug offenders by providing a program with treatment, accountability, and supervision.

Tina Nadeau, chief justice of the New Hampshire superior courts, has come out as a strong and vocal advocate for the drug court system. Judge Nadeau has pointed towards evidence that drug courts reduce crime and save money by providing an alternative to expensive incarceration. The issue is particularly pressing given the current opioid epidemic facing the state.

New Hampshire currently has six drug courts, but is looking to increase this number to eleven. In 2007, Texas enacted a drug court system that led to reductions in parole violations and crime rates while saving the state billions in prison costs. Judge Nadeau cited the example, and said “if Texas can do it, we can do it.”

New Hampshire needs to confront its drug abuse problem head on, and this means honestly addressing the problem in ways that will lead to positive results. Rather than jailing drug abusers, we need to help them find treatment—it’s cheaper and more effective. Judge Nadeau’s bold stance in support of drug courts is one we should all support.

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Injured Workers Should be Wary of Opioid Prescriptions

Injured Workers Should be Wary of Opioid Prescriptions

New Hampshire is currently in the midst of an opioid epidemic, and the problem can be traced in part to high rates of prescription for opioid painkillers. New Hampshire ranks third in the country in terms of prescription rate for high-dose and long-acting opioid pain relievers according to the Center for Disease Control and Prevention (CDC).

There has been a great deal of effort expended on reducing unnecessary opioid prescriptions across the country and more particularly in NH. This June, Senator Kelly Ayotte co-sponsored a law that would create a “Pain Management Best Practices Inter-Agency Task Force”. At the state level, New Hampshire established a prescription drug monitoring program in 2012 that is still in the implementation process.

Patients can be their best first defense against prescription drug addiction by being informed, asking doctors if there is an alternative to narcotic pain medication and understanding whether the dosing is optional or required. Patients often think they have to take the meds as prescribed, but if they asked, they would find many narcotic prescriptions are only by choice and need not be taken as often or for as long as the bottle says.

New medical studies are showing that the body may actually become acclimated to narcotic medications, leading to increased sensitivity in pain receptors and a greater reliance on medication for pain management. Many studies show that alternate pain management treatments are as effective as opioids without the risk of addiction. Each case is unique, but patients should be proactive in understanding the treatment they are receiving. 

It’s important to listen to your doctor, but if you’re being prescribed high-dose opioids for pain relief you need to be informed and engaged in determining if this is the best course of treatment. Ask about dosage, risks, and alternatives to be sure you are receiving the best care.

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