We help injured workers by fighting for the benefits they deserve, and are entitled to, under state law. The firm’s experience is utilized to obtain full and fair compensation for injured workers.
In New Hampshire, by law an employee who is injured on the job, through either an accident or occupational disease, is entitled to worker’s compensation benefits. New Hampshire employers are required to have worker’s compensation insurance to cover employees in the event of such injury. New Hampshire law provides that the injury must be related to the work and occur in the course of employment.
Once an injury is determined to be work related, the injured worker is entitled to four (4) essential benefits. First, the injured worker is entitled to medical treatment that is related to their injury, paid for by the insurance carrier. This includes only reasonable and necessary treatment. The injured worker, in most cases, has the right to choose their own doctor to treat their work-related injuries. The entitlement to medical treatment continues for as long as the injury requires. However, if the insurance carrier denies paying treatment bills, a hearing on the issue would be held at the Labor Department, which will determine whether the insurance carrier is responsible for the payment of the injured worker’s bills.
The second is weekly disability benefits, also known as indemnity benefits. An injured worker is entitled to 60% of their prior average weekly wage which is determined by averaging the employee’s prior 26 weeks of wages. It may be possible to increase this benefit, however, by looking at additional weeks of employment or by considering concurrent employment. An injured worker is entitled to disability benefits as long as a medical doctor has provided a New Hampshire worker’s compensation disability note. The insurance carrier does have an opportunity to dispute an injured worker’s entitlement to disability benefits. Ultimately, the Labor Department resolves any disputes about an injured worker’s entitlement to disability benefits.
Third, if the injury has resulted in a permanent impairment, the injured worker may be entitled to compensation for the loss. This entitlement is determined by an evaluation of the permanent impairment by a medical doctor. The insurance carrier can also ask for a separate medical examination. If the parties cannot agree, the Labor Department will determine the extent of any loss, after a hearing.
The fourth benefit is the assistance of vocational service if the injured worker is unable to return to their past work because of the injury. The insurance carrier usually hires a vocational specialist to work with the injured worker. The goal is to return the worker to employment within their capacity at a wage that equals or nearly equals the prior average weekly wage. In most cases, this benefit lasts no more than one year.
You may need an attorney who is experienced in workers´ compensation law to assist you in your claim. There are numerous deadlines and countless rules and regulations that require you, your employer, your doctor and the workers´ compensation insurance carrier to take certain action. The insurance carriers have access to experienced and knowledgeable lawyers to work for them and you should consider doing the same. At The Law Office of Maureen Raiche Manning, PLLC, your initial consultation is always free.
The firm´s legal, medical and extensive trial experience is utilized to obtain full and fair compensation for pain and suffering, lost wages, medical bills and permanent injury.