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Workers' Compensation

Medical Benefits

All reasonable and medically necessary surgical, hospital, remedial care, nursing, medicines and mechanical and surgical aids, for such period as the nature of the injury may require, shall be covered.

In addition, if glasses, false teeth, an artificial member or hearing aid are damaged by an accident arising out of and in the course of the employment, those items will be replaced at an amount equal to the value of the property damaged.

Items of a personal nature such as uniforms, jewelry or clothing are not covered.

Temporary Total Disability Benefits

60% of gross Average Weekly Wage based on 26-52 weeks prior to the date of injury including all employment covered by valid New Hampshire Workers' Compensation policy.

Payments made as a result of concurrent employment are reimbursable from the Special Fund. Request for reimbursement must be made by August 31st of each year following the payment. Reimbursement will be received in March of the year following the request for reimbursement, i.e.:

  • Payment made in July, 2006
  • Request for reimbursement no later than 8-31-07
  • Reimbursement received March, 2008

Sources of income that shall not be considered for concurrent employment include LAB 506.02(e)b:

  • Unreported earnings
  • Uninsured self-employment (no workers' comp coverage)
  • Federal employment
  • Other employment not covered by NH Workers' Compensation Law

The employee is entitled to TTD for the duration of total disability. RSA 281-A:28

Wage Calculations

Compensation rate = 60% of Average Weekly Wage (AWW)

Maximum and minimum rates are based on the State's AWW re-calculated each year on July 1st.

Present maximum: $1,537.50

Present minimum: $307.50

If employee's AWW < $307.50, the compensation rate = 90% of ATE

RSA 281-A:32 Scheduled Permanent Impairment Award

Basic award - Except when death results from injury, in addition to other Benefits payable under this chapter, an award shall be paid to employees in amounts provided by RSA 281-A:28 for the number of weeks set forth in this section for permanent bodily loss or losses:

  1. Total loss of arm, 210
  2. Total loss of hand, 189
  3. Total loss of thumb, 76
  4. Total loss of index finger, 47
  5. Total loss of middle finger, 38
  6. Total loss of ring finger, 19
  7. Total loss of little finger, 9
  8. Total loss of leg, 140
  9. Total loss of foot, 98
  10. Total loss of great toe, 18
  11. Total loss of toe, other, 3
  12. Total loss of vision - one eye, 84
  13. Total loss of vision - both eyes, 300
  14. Total loss of hearing - one ear, 30
  15. Total loss of binaural hearing, 123

Workers' Compensation

RSA 281-A:32 IX More Than One Permanent Loss

If an injury results in more than one permanent bodily loss specified in paragraphs I-VIII, or if the injury is to the spinal column or the spinal cord, or to the brain, or involves scarring, disfigurement, or other skin impairment resulting from a burn or burns, an award shall be made on the basis of a maximum of 350 weeks with the appropriate number of weeks to be determined in proportion to the maximum in accordance with the percent of the whole person specified for such bodily losses in the most recent edition of "Guides to the Evaluation of Permanent Impairment" published by the American Medical Association. Injury to spinal column or spinal cord shall not be construed to permit an award under this section as a result of soft tissue injury, nor to permit such an award on the basis of more than one permanent loss, unless such injury results in loss of use of upper or lower extremities. For the purposes of this paragraph "injury to the brain" means cerebral or neurological impairment due to central nervous system injury as described in said American Medical Association Guide.

Compensation For Death

The surviving spouse is entitled to 60% of the average weekly wage of the deceased employee - tax free - for the remainder of his or her life.

If the spouse remarries, the Benefits will be payable to the dependent children until they turn 18, or 25 if the child is enrolled as a full-time student in an accredited educational institution.

Burial expenses are covered up to $10,000.

Lab 508.02 Eligibility for Vocational Rehabilitation Services
  1. Employees who are disabled from performing the work for which they have training or experience shall be referred by the carrier or self-insured employer, or by the department after consultation with the carrier or self-insured employer, to an appropriate vocational rehabilitation provider.
  2. In determining a suitable job goal, consideration shall be given, but not limited to, the employee's prior training and work experience, education, average weekly wage, age, and medical factors. This shall be evaluated by the vocational rehabilitation provider on a case-by-case basis using the criteria listed.
  3. In determining the level of services necessary for the employee to achieve a suitable job goal, consideration shall be given to the following hierarchy of services:
    1. Return to same job, same employer
    2. Return to same job modified, same employer
    3. Return to different job, same employer
    4. Return to same job, different employer
    5. Return to same job modified, different employer
    6. Return to different job, different employer
    7. On the job training
    8. New skill training or retraining
    9. Other educational/academic program
    10. Other
  4. A vocational rehabilitation training agreement shall be developed and submitted to the department for approval on a case-by-case basis using the criteria listed in Lab 508.02 b. This shall be done for services involving any expenditure of monies beyond those for the services of the vocational rehabilitation provider, or for levels 7 through 10 as listed in 508.02c.