Good News for Employees

The Internal Revenue Service (IRS) just announced some encouraging news for employees who regularly drive for work purposes. Starting from January 1, 2024, the standard mileage reimbursement rate for businesses is set to increase by 1.5 cents, from last year’s rate of 65.5 cents per mile to $0.67 per mile driven for business use. 

Whether you drive a van, pickup truck, panel truck, electric or hybrid vehicle, or a traditional gasoline or diesel-powered car, this adjustment applies to you.

The decision to update the standard mileage rate for business use is based on an annual study conducted by the IRS, which considers both fixed and variable costs associated with operating an automobile. This careful assessment ensures that the reimbursement rate accurately reflects the economic realities faced by employees who use their personal vehicles for work-related travel.

Interestingly, the reimbursement rate for miles driven in service of charitable organizations will remain unchanged from 2023, standing at $0.14 per mile driven so not everyone will enjoy an increase.

If your employer provides mileage reimbursement, you might want to review your next reimbursement check to be sure that the updated rate has been taken into account. Employers typically adjust their reimbursement rates promptly, but oversights can happen. Being proactive in confirming the new rate ensures that you receive fair compensation for your efforts.

This update from the IRS is a positive development for employees who frequently drive for work. As the standard mileage reimbursement rate increases, take the opportunity to optimize your travel-related compensation. Stay informed, communicate with your employer if necessary, and make sure you're getting the most out of the updated reimbursement rate. After all, it's your hard work behind the wheel that keeps businesses moving forward, and you deserve fair and accurate compensation for your efforts.

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:

In this, part III of our series Back to School for Educators and Staff: Your NHRS Pension Benefits Guide- A Four-Part Series, we uncover the lesser-known benefits of NHRS. In addition to pension benefits, either from electing service or disability retirement, NHRS members are entitled to two other less well known, but valuable benefits: Medical Subsidy Benefits (Insurance Continuation) and Pre Retirement Death Benefits.

I. PRE- RETIREMENT DEATH BENEFITS

Death benefits may be available to eligible beneficiaries of NHRS members who die prior to retirement while they are in service. Similar to the categories of Disability Benefits we described in part II of this series, there are two types of death benefits: Ordinary and Accidental.

Ordinary death benefit (non-job-related)

• If the member had at least 10 years of service, or was eligible for service retirement at the time of death, and the member spouse is the only designated beneficiary, then the surviving spouse may choose to receive either an annual pension until death equal to 50% of the member’s service retirement pension, or a lump sum payment, equal to the member’s annual compensation, plus a refund of the member’s accumulated contributions.
• If the member did not have at least 10 years of service and was not eligible for service retirement, then the member’s designated beneficiary would receive a lump sum payment equal to the member’s annual compensation, and a refund of the member’s accumulated contributions.

Accidental death benefit (job related)

• A refund of the member’s accumulated contributions payable to the member’s designated beneficiaries in addition to the accidental death benefit.
• In accordance with the accidental death benefit, if the member was married at the time of death, then the surviving spouse of the Group I Member will receive an annual pension until death equal to 50% of the member’s average final compensation. 
• If the member leaves no surviving spouse, or if the surviving spouse dies, then the annual pension will be payable to the member’s children under age 18.
• After that it reverts to the member’s dependent mother or father for life, or absent any surviving family members, to the member’s designated beneficiaries who will receive a lump sum payment equal to the member’s base salary plus accrued benefits not paid at the time of death. 

PRE-SELECTION OF BENEFICIARIES FOR THIS BENEFIT
Pre-selection allows an eligible member to elect a maximum survivorship option for their beneficiaries in the event of the member’s death while eligible to receive a monthly pension benefit, and before filing an application for service retirement.

The maximum survivorship option provides a lifetime pension equal to the amount the member would have received under the joint and 100% survivor’s option, calculated as if service or early retirement had occurred on the day before the member’s date of death.

If a member dies while a pre-selection is in effect, and if the beneficiary named on the pre-selection before service retirement form is the same as the beneficiary named under the designation of death beneficiaries pre-retirement form, then the member’s designated beneficiaries may choose to receive either the survivorship option or the lump sum payment under the ordinary death benefit or accidental death benefit, whichever applies.

TRAP FOR THE UNWARY
Pre-selection is not an automatic benefit.

• Eligible members must submit a pre-selection form before service retirement to NHRS in order to activate this benefit.
• All beneficiary designation forms must be completed and signed in the presence of a notary public or justice of the peace, who must notarize the document.
• If a designation form is not notarized, benefits might not be payable according to a member’s wishes, but in accordance with applicable New Hampshire law.
• No one will send you a reminder or tell you this in advance.

II. MEDICAL SUBSIDY BENEFITS

NHRS provides a medical insurance subsidy to qualified, retired members. The medical subsidy is a payment made by NHRS to the retired member’s former employer toward the cost of health insurance for a qualified retiree, his/her qualified spouse, and his/her certifiably dependent children with a disability who are living in the household, and being cared for by the retiree. These benefits are also available under specific conditions to qualified beneficiaries of members who die while in service and may be eligible for the medical subsidy.

In our series, Back to School for Educators and Staff: Your NHRS Pension Benefits Guide- A Four-Part Series, Part II, we give you more of what you need to earn your masters in retirement planning, by unraveling the differences between NHRS Service Retirement and Disability Retirement benefits.

I. ONE OF THESE THINGS IS NOT LIKE THE OTHER

Service Retirement is the benefit received when retiring from work upon reaching a certain age and years of service.  This is distinguished from Disability Retirement, which occurs when an employee must leave work early due to a disabling injury or illness that prevents the employee from performing their NHRS job.

 It’s possible to be eligible for both types of benefits and in fact, not all that uncommon.

 In such cases, the employee must choose which one to take. The trick is, there is no one size fits all advice in this regard, so every employee needs to do a side-by-side comparison of the benefits as compared to their circumstance.

Here is break down of the basic definitions, eligibility requirements, and benefits for these two types of retirement pensions available for School Employees’. We also include a few tips and traps to keep in mind when considering which benefit is right for you.

II. SERVICE RETIREMENT

There are three types of Service Retirement:

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.

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.

The Power of Words: Effective Communication of Pain for Accurate Diagnosis and Optimal Care

Introduction:

When visiting a doctor, accurately describing your pain is crucial for receiving an accurate diagnosis and the best possible care. The words you choose to express your pain can provide valuable information that guides medical professionals in understanding and treating your condition. However, it's essential to recognize that biases can potentially interfere with the diagnostic process if you do not communicate your pain effectively. In this blog, we will explore why it's important to use the right words to describe your pain and how biases can impact your medical care when communication falls short.

Conveying the Nature and Intensity of Pain:
Describing your pain accurately helps your doctor understand its nature, location, and intensity. Use descriptive terms such as sharp, throbbing, dull, burning, or stabbing, to provide more clarity. Providing specific details, such as the duration, triggers, and alleviating factors, can aid in the diagnostic process, ensuring that your doctor has a comprehensive understanding of your pain.

Facilitating an Accurate Diagnosis:
Clear and precise communication about your pain symptoms significantly assists in reaching an accurate diagnosis. Doctors rely on the information you provide to narrow down potential causes and determine appropriate diagnostic tests or treatments. Vague or misleading descriptions may lead to misdiagnosis or delayed diagnosis, potentially impacting the effectiveness of your treatment plan.

Protecting Your Work Injury and Disability Case: Why Communicating on Medical Portals Can Pose Risks

Introduction:

In today's digital age, technology has made many aspects of our lives more convenient. From online shopping to virtual doctor visits, the digital world offers us new ways to manage our daily tasks. One such option is communicating with doctors through medical portals, which can be a convenient way to discuss your injury and treatment with your doctor. However, it's crucial to understand why it's important to exercise caution when using these portals in the context of litigation. In this blog, we'll explore why employees with disability or work injury cases should avoid writing to their doctors on medical portals, even though it may seem convenient, due to the potential discoverability of those conversations in legal proceedings.

The Discoverability Factor:
When you're involved in a work injury case or disputed claim for disability, certain information becomes discoverable. This means that your employer or the insurance company and their attorney will be able to request and obtain evidence through legal means. The other side will ask for copies of all your medical records and this could include copies of any written communications you’ve had with your doctor. In the past, before portals became so common place, it was unusual for a patient to write to their doctor, but that has all changed and conversations conducted on a medical portal are open to discovery, meaning they are vulnerable to being accessed and used against you in your case and that could be a problem. Here are three reasons why:

Broadening the Scope of Discovery:
By using a medical portal to communicate directly with your doctors, you may inadvertently expand the scope of discoverable information beyond what is normally disclosed. This can potentially expose more personal and sensitive information than necessary for your case, creating additional risks.

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.

This week, from October 9-15, is National Emergency Nurses Week and if I could wave a magic wand and give all nurses a gift in honor of this week, it would be the gift of safe working conditions!

Most of us know a nurse as a friend, family member, or as someone who was there in a time of great need, but what many people don’t know is how dangerous a profession nursing can be. These amazing and unsung heroes are on the front lines of health care, meeting with patients and families at the worst times of their lives and in the process, nurses are all too often left vulnerable to accidental and even violent injury.

As a community, we need to do more to protect nurses and care for them when they get hurt at work.

According to the bureau of labor statistics (BLS), nurses suffer a significantly higher number of injuries than the average occupation. In 2016, The US Bureau of Labor Statistics survey of occupational injuries and illnesses (BLS) found nurses received injuries that required at least one day away from work at a rate of 104.2 cases per 10,000 full-time workers, while the rest of the workforce was injured at a rate of 91.7 cases per 10,000 workers. This means that on any given day, nurses are 9% more likely to be injured than the average worker.

Most nursing injuries are incurred by female RN’s who sustained 91.2% of the total injury and illness cases estimated to have occurred within the occupation in 2016. This finding doesn’t seem to support a finding that women are more likely to be hurt, but instead, is simply a reflection of the fact that the profession is heavily filled by women.

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. 

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.

Check out these helpful resources and articles regarding disability accommodation, stay at work and return to work from the Council of State Governments' website: CSGs' Disability Employment Policy Resources