Worker's Compensation Benefits in New Hampshire FOR EMPLOYEES INJURED WHILE WORKING OUT OF STATE
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.
In addition to meeting the three requirements above, the employee (or the employee’s dependents in the event of the employee’s death at work) would have to agree to release the employer from all liability under any other law in order to receive benefits through the state of New Hampshire’s Worker's Compensation laws.
Here's the tricky bit; recovery of damages for the work injury in an action at law (suing for negligence for example) or through Worker's Compensation under the law of any other state, will bar recovery of Worker's Compensation under the law of the state of New Hampshire. In other words, employees can't double-dip and take benefits from the state in which they were working AND try to seek benefits under New Hampshire's laws. They are also prevented from making a claim for negligence against the employer in another state and then trying to get workers compensation in NH. (This does not prevent employees from seeking third party claims against a non employer for negligence).
The laws and benefits under workers compensation can vary greatly state to state so choose wisely.
Workers Compensation benefits are governed by state laws which vary state to state and this can have a huge impact on the benefits available for your injury,
For example, in some states you cannot choose your own doctor as you can in NH. Further, the rate of compensation for lost pay and permanent injury may be different (more or less than in NH). In addition, while New Hampshire workers are entitled to payment for reasonable, necessary and related medical bills for the life of the work injury, that is not the case in every state where payment for medical treatment may be limited by amount or time. Finally, on the practical end of things, you will want to consider whether you will be able to attend hearings in another state, should that be necessary down the road and where you will want to get your medical treatment.
There’s no place like home for some people when they are sick or injured and if your claim is in another state, that could mean travel and inconvenience.
BOTTOM LINE
If you or a family member is injured while working outside the state of NH, contact a NH worker’s compensation attorney right away, before making any decisions as to where you will file your claim.
