Workers’ Compensation - Protection For The Worker Hurt On The Job.

All states require that employers provide workers’ compensation insurance benefits for employees who either are hurt on the job or suffer from a work-related disability or disease. 

When the employee qualifies, the state law will specify which particular benefits apply.  Most states require that the workers’ compensation plans pay for medical bills, a percentage of lost earnings while the employee is out of work, a permanent impairment award if the employee is permanently disabled to any degree, vocational rehabilitation benefits to try to retrain the employee, if necessary, and other similar benefits.

In New Hampshire, an employee is entitled to 60% of his or her average weekly wage (the average of your last 26 weeks of earnings) from the primary job and 60% of the average weekly wage from a part-time job that the employee may also be unable to fulfill.  Workers’ compensation benefits are tax-free and issued on a weekly basis. In the event that there is a controversy over the duration of an illness or the degree of disability, employees, working through attorneys, and insurance companies are frequently able to reach a lump sum settlement, whereby the insurance company would still have to pay for future medical bills, but would not have to pay for future wage benefits in return for a one-time lump sum benefit negotiated by the parties.  That lump sum benefit may have Social Security Disability offset ramifications and should be carefully considered and negotiated by experienced counsel (see our blog on workers’ comp benefits and social security offsets). 

If you have been injured at work, be sure to tell your employer right away and fill out a workplace injury form.  While you technically have two years to file a claim, your petition stands a better chance of success if you get the ball rolling immediately.  Your employer’s insurance company has twenty-one days to investigate the claim and determine its applicability to the workers’-compensation guidelines.  If your claim is denied, you will be in certain need of qualified counsel to appeal the decision to the Department of Labor. 

While you have 18 months to request a hearing, the process should be initiated as soon as possible to avoid lengthy scheduling delays as well as more lost time at work without compensation.  About half of these hearings result in a reversal of the insurer’s denial of claim.  So it is well worth your time to appeal.  Hiring a competent labor attorney who “knows the ropes” of the workers’-comp adjudication process offers the surest way to gaining your rightful compensation.  Also, don’t forget most workers’ compensation attorneys would meet with you at no cost to evaluate your claim.

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.