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:

Employers have a duty to protect workers from deadly heat hazards but if the worst happens New Hampshire Workers’ Compensation is there to help pick up the pieces and get employees back to work.
Amid record-breaking heat across the country, OSHA issued a hazard alert reminding employers of their duty to protect workers against heat –

“Historically high temperatures impact everyone and put our nation’s workers at high risk,” said Acting Secretary of Labor Julie Su. “A workplace heat standard has long been a top priority for the Department of Labor, but rule making takes time and working people need help now. Today, at the President’s request, the Occupational Safety and Health Administration issued a heat hazard alert to make sure employers follow current standards and that workers across the country know their rights. This action, combined with OSHA’s increased heat-safety enforcement efforts, shows that we are determined to protect the safety and health of millions of people whose jobs become more hazardous in harsh weather.”

This message about work safety in the setting of rising temperatures comes from the top, as more and more people are recognizing the cost and consequence of ignoring this workplace risk. Heat exhaustion and heat stroke are just two possible outcomes when employees are not given the protections they need to stay safe at work in dangerous heat conditions. The hope is all employers follow these OSHA guidelines and employ common sense by taking the steps necessary to avoid employee injury or illness at work due to heat conditions.
However, if the worst happens, there are protections in place to pay for medical bills and to cover lost pay from time out of work. That’s because Illness and injury that are caused in and during the course of work (as a result of a work risk) is covered under New Hampshire Worker’s Compensation law.

New Hampshire employers with one or more employees are required to purchase insurance to pay for employees medical bills, time out of work, vocational rehabilitation, and to provide compensation for permanent injuries that are caused as a result of a work injury.
In addition, New Hampshire Worker’s Compensation laws provide important and powerful job protections for employees who are hurt at work. Employees who are injured on the job are entitled to accommodations, including the ability to work reduced hours or to limit certain work duties during recovery, in order to assist them to get back to work after an injury. In addition, if an employee is taken out of work as a result of a serious injury or illness caused by their employment and their employer has five or more employees, the employer is required to keep the employee’s job open for 18 months from the date of injury. This means that for many workers, their job will be waiting for them even after an extended time out of work.

Heat exhaustion and heat stroke are avoidable injuries, and employers are obligated to take the steps necessary to provide for a safe work environment in keeping with state and federal law. However, when these protections aren’t enough, employees can turn to Worker’s Compensation to help get them payment for the treatment and recovery time they need to return to work.

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.

If you get hurt at work, workers' compensation attorneys in New Hampshire will handle your case on a contingent fee basis. This means there is no cost to you unless you get paid. 

In part FOUR of this series, 5 IMPORTANT THINGS TO KNOW IF YOU GET HURT AT WORK, we described the ways to even the odds with the insurance company by promptly reporting your injury, documenting the injury and accident with details and good medical records and by gathering evidence where you can. In this final installment, we'll explain just how affordable it is to get legal information, advice and representation.

Not everyone needs a lawyer, but some do. If you do, don't let the fear of cost stop you from reaching out for help. Injured workers often don't realize how affordable legal advice and representation can be and that's why this is number five on our list of things you should know.

CONTINGENCY FEE AGREEMENTS

Workers' compensation attorneys in New Hampshire handle work injury cases on a contingent fee basis. That is a fancy way of saying you wont have to pay your attorney unless you get money yourself.

In this arrangement, which your attorney will explain and put in writing, if an attorney agrees to take your case, they will not ask for any money up front; no retainer or even hourly fee is required in this type of arrangement.

 Five Things You can Do To Even The Odds When Filing a Workers' Compensation Claim 

In part three of this series, 5 IMPORTANT THINGS TO KNOW IF YOU GET HURT AT WORK, we set the record straight and reminded you that the insurance company does not work for you. What's more, their job is to make a profit and your claim for lost wages and medical bills may stand in the way of that goal. Knowing this you can do what it takes to protect yourself and your family and we offered five helpful tips for how to do this. Here, in part four we are going to give you a little more detail about the five things you can do to even the odds when filing a Workers' compensation claim.

1. Report your injury promptly and to the right person

Report your claim, and fill out the First Report of Injury Form. The earlier you do this, the better. Be sure to report your injury to the right person, usually that's your supervisor and/or the human resources office. It's not enough to tell a co-worker and you can't assume your boss knows you got hurt at work even if you think he saw it or you told him you were hurting.

2. Document Your Injury

Description of Accident - When you fill out the description of your accident, describe how you got hurt and what you were doing. Were you on the clock, on the job site, doing a job duty? Explain that. Also be sure to list any witnesses who saw you, not just when you got hurt, but just before or after. 

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. 

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 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/ 

COVID-19 Related PTSD May be Covered Under Workers’ Compensation

The toll of COVID-19 on workers is not just physical or economic. For many, there is an emotional impact that for some, rises to such a level that it requires treatment or time away from work. This is especially true for frontline workers who face increased risk of illness for themselves and their families by virtue of their work keeping others fed, safe and healthy.

In the last few months, and perhaps in those to come, some in our community have experienced long periods of isolation away from family and friends, interrupted only by arduous shifts at work, where the weight of responsibility and the despair at the numbers and size of the problem take a tremendous toll. Fortunately, workers’ compensation coverage is available for those who have taken on this burden and who have suffered with not just physical symptoms of COVID-19, but with the mental manifestations of emotional distress as a result of this work.

In the case of emergency responders, New Hampshire workers’ compensation laws allow employees to recover benefits for disabling mental injury suffered as a result of workplace events. However, there are numerous obstacles and challenges in making these claims. Many employees are not aware of their right to bring these claims, and for those that are, the concern of stigma or impact to an employee’s career can be a daunting obstacle to making a claim. Furthermore, when a claim is made, the chance of denial is high, and the process of appeal is in itself stressful and frequently invasive.

Too often the requirement of proof becomes a point of contention that requires the worker to open up their life and health records to inspection in order to meet the burden of proof required. Employees seeking coverage for PTSD, ASD, and other stress or mental health symptoms caused by work often face layers of opposition to their claim. In some instances, they must not only prove that the symptoms they are experiencing are work related, but to do so, they are often compelled to show that their stress is not caused by other life stressors.  This process of meeting the burden of proof in a stress injury claim can serve to make the symptoms of stress worse and discourage claims altogether. 

New legislation passed in July of 2019 seeks to address these obstacles for some of New Hampshire’s workers with the implementation of a series of amendments aimed at easing the burden of proving a mental injury claim for emergency responders/public safety workers.

RSA 281-A:2 XI, which is now in effect, amends the definition of “injury” or “personal injury” under the workers’ compensation statute, to include acute “stress disorder and posttraumatic stress disorder” if an employee meets the definition of an “emergency response/public safety worker.” This legislation also expands the definition of emergency response/public safety worker found at RSA 281-A:2 V-c, to now include “emergency communication’s dispatcher” a group of employees often overlooked but who are also deeply connected to this work. With this legislation comes the acknowledgment that the risk of mental stress injuries to these workers is real and must be met with proper opportunity for treatment and time to heal without stigmas or undue added stress associated with making these claims.

PROTECTIONS FOR FIRST RESPONDERS WHO CONTRACT COVID-19 IN NH

Executive Order for First Responders:

In the case of first responders, the burden of establishing causation with respect to COVID-19 has been made easier for the time being by Governor Sununu’s Emergency Order #36. This Order establishes that “Notwithstanding the provisions of RSA 281-a:2, XI and XIII, 16 and 27, in any proceeding before the New Hampshire Department of Labor or the administratively attached Compensation Appeals Board, there shall exist a prima facie presumption that the first responder’s COVID-19 exposure and infection were occupationally related.”

For purposes of the order, “First Responder” includes any individual covered by the definition of “Emergency response/public safety worker” as set forth in RSA 281-A:2V-c, which includes call, volunteer, or regular firefighters; certified law enforcement officers, county corrections officers; emergency communication dispatchers (incongruously, given the isolated nature of the work); and rescue or emergency medical personnel. The Order does not cover healthcare workers or any other employees who have been identified as essential workers during the emergency order. To be eligible for the protections of this Order, a “first responder” must have tested positive for COVID -19 and the case must have been reported to the Department of Health and Human Services.

It is important to note this is not new legislation, but an Order which is in effect only for the duration of the COVID-19 state of emergency in the New Hampshire. As such, unless there is a change, this Order and the presumption it provides is temporary and is only set to last as long as the state of emergency is in place. When this Order expires, the presumption will lapse and in order to be covered for workers’ compensation from contracting COVID-19, first responders will be required to prove more probably than not, that they contracted the illness in and during the course of their work by applying the increased risk test or perhaps under the theory of occupational disease.

Learn more about COVID-19 laws regarding unemployment and workers' compensation in New Hampshire.

Is COVID-19 An Occupational Disease under New Hampshire Worker’s Compensation Law?

As addressed in previous articles, there will be worker's compensation coverage available for many employees who contract COVID-19 at work. The most likely path to this coverage will be with the understanding that the employee became ill due to a neutral risk, but that the employee faced a greater risk of getting ill due to his or her work, as compared to the general public. This is known as the increased risk test and employees who can show this will likely find coverage available for lost wages, medical bills and job protections.

However, healthcare workers who treat patients with diagnoses of COVID-19 may have more than one route to winning coverage should they contract COVID-19. Certainly, these workers should be able to show they are at increased risk of contracting the illness as compared to members of the general public due to the work they do and to the correlating increased frequency of direct exposure to illness, even if no specific transmission of the disease can be traced to a known carrier. If the healthcare worker has had to engage in care that entails unusually contagious situations, such as exposures in the process of resuscitation or intubation or without full PPE, the fact that their risk was increased due to the qualitative nature of their work is clear.

That said, there may be an argument to be made that these workers or those in similar circumstances, may alternatively be eligible for workers’ compensation benefits under NH RSA 281-A:2 XIII: Occupational Disease.

RSA 281-A:2 XIII Occupational Disease

In accordance with RSA 281-A:2 XIII “Occupational disease” is “...an injury arising out of and in the course of the employee’s employment and due to causes and conditions characteristic of and peculiar to the particular trade, occupation or employment. It shall not include other diseases or death therefrom unless they are the direct result of an accidental injury arising out of or in the course of employment...”

In New Hampshire, there is coverage for employees who contract COVID-19 at work and there is also limitation of liability on the employer side. What’s more, there is insurance for the benefit of both the employee and employer in the event of exposure.

All this together is good for people and business alike, as it provides a safety net for COVID-19 loss, a means for paying for associated health care and a path back to work that will support the economy.

The primary question regarding workers’ compensation coverage, as related to the contraction of COVID-19, will hinge on whether the employee contracted COVID-19 in and during the course of work. In accordance with the law, and as interpreted and applied by the courts, the burden of proof to establish this necessary causal connection, and thus to establish eligibility for workers’ compensation benefits, is on the employee.

To meet this burden, the law requires that an employee prove more probably than not, “that the injury occurred within the boundaries of time and space created by the terms of employment,” and that it “occurred in the performance of an activity related to employment.” Both prongs of the burden must be met to prevail in a claim for benefits.

At first glance it seems it would be difficult, if not impossible to prove an employee contracted COVID-19 at work. After all, given the widespread incidence of COVID-19 in virtually every New Hampshire county, the risk of infection exists at work, but also in the community and even at home. However, this is not fatal to coverage under our law.

An employee may recover from an illness under workers’ compensation even if the cause of contraction is unknown and the risk of illness is not distinct to work, as long as the employee can show the illness results from a “risk greater than that to which the general public is exposed.” This is referred to as the increase risk test.

Workers' compensation coverage for COVID-19 in New Hampshire: Here’s what employers and employees in New Hampshire need to know about how they can limit both the spread of COVID-19 and economic loss for everyone:

Employer immunity legislation is a hot topic as politicians argue over whether our current laws are sufficient to provide coverage for employees who contract COVID-19 at work, while still reasonably limiting employer liability.

We all have an interest in worker safety. A sick employee is a sick mother, father, daughter, son, neighbor or friend. The illness of an employee and the economic impact of that illness is contagious to all those who are connected to that person. One sick employee passes the illness to another, who brings it home and then sends it to school, then on to the grocery store, to grandma and the new baby cousin and so on.

Likewise, a sick and unemployed person’s financial insecurity is also contagious. Without income or insurance and while simultaneously facing mounting medical bills, COVID-19 patients can’t help but spread the economic impact of their loss onto others in their circle. They can’t pay their bills or buy goods when their income stops and so landlords, shop owners, gas station workers, grocers, hairdressers and more suffer right along with the sick worker.

Over the last few months we have learned how connected we all are. We want employees to be safe and protected, and yet we need to reopen the economy. We want to have a safety net for those who do get sick at work, but we don’t want employers to go out of business providing this protection. As a community we face difficult choices and sometimes it feels like we face inevitable loss no matter what we do.

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.

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.

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.