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

While most employees in the state of New Hampshire receive workers’ compensation for lost time from work at the rate of 60% of their average weekly wage calculated as of the date of injury, that's not true for all professions. Any call firefighter or special police officer, volunteer or auxiliary member of a fire or police department or ambulance or rescue service of the state or any of its political subdivisions, whether paid or not paid, is entitled to receive 100% of the state average weekly wage as a maximum benefit. This is also true for any member of the general court injured in the performance of those duties and for any person who fights a forest fire or other type of fire in accordance with RSA 281-A:2 VII(a) (4).

3) Double compensation

An employer (and potentially it's insurance carrier) can be liable for payment of double benefits (two times compensation) for lost wages and permanent impairment due to an employee for injury in the event that the employer is found to be in violation of certain labor laws, including prohibitions against hazardous occupations for youth. 

This right to double compensation is detailed in New Hampshire's RSA 281-A: 33. This statute makes clear this penalty only applies where the employer's violation is more than a mere accident or oversight. To be ordered to pay double compensation, it has to be a repeat violation, accompanied by a prior recorded violation of the same kind or with evidence that the employer has failed to comply with written Department recommendations applicable to a first violation within a reasonable time. 

In other words, this "penalty" applies to employers who have been warned and given every fair chance to comply. Although it's not common for this enhanced benefit to be ordered, it is uncommonly beneficial when it does!

To learn more about workers' compensation benefits, contact Rice Law Office.