Personal injury law includes your right to compensation when injured at work. Let’s break down what you need to know.
What is Workers' Compensation?
Workers' compensation law is designed to provide financial support for employees who are injured at work. It is a no-fault system, which means you don’t have to prove that your employer was at fault for your injury. Generally, you need to show that you were injured while performing your work duties. The workers' compensation system helps ensure you get the medical care, wage replacement, and vocational support you need to recover. The cost of medical care, wages, and support are paid by your employer’s workers compensation insurance carrier.
The State of New Hampshire through the Department of Labor has a Workers' Compensation Division that administers and enforces the provisions of RSA 281-A, the workers' compensation statute. The Division has oversight over the medical and wage benefits. It also conducts hearings on contested claims and monitors insurance carriers to ensure the prompt payment of benefits and delivery of services. You can always call the Division if you need to talk to someone about a work injury. Call the Division: (603) 271-3176
Who is Covered?
Generally, employees, including part-time, temporary, and immigrant workers, are entitled to workers' compensation. Undocumented workers can also receive most workers' compensation benefits, such as coverage for medical expenses.
The Basics -Report Your work Injury!
If you are injured at work, inform your employer immediately. Complete an accident report form without delay, which you can obtain from your employer. You can find forms on the State of New Hampshire's website. Ensure you keep a copy for your records. Although you have up to two years to report workplace injuries and illnesses, it is advisable to do so as soon as possible.
See A Doctor
Make sure you inform your doctor, hospital, and other healthcare providers that your injury is work-related. They should direct all bills to your employer, not to you. Makes sure your doctor's report reflects that your injury occurred at work. Make sure it accurately details your injury.
Types of Compensation When Injured on the Job
When you file a workers' compensation claim, you may be eligible for the following benefits:
Medical Coverage: Your employer’s insurance must cover the cost of medical treatment related to your work injury for life. This includes hospital visits, surgeries, prescriptions, medical devices, and other necessary care.
ATTENTION - MUST READ !!!!!!
It is a common oversight by employees to appreciate that injuries can be chronic and may require treatment down the road. Ankle fractures, low back injuries, and rotator cuff tears can linger for years and even get progressively worse. It is important to report a work related injury to preserve your right to future medical care - unless of course you want to pay for it!
Wage Loss Benefits: If you are unable to work, you may be eligible to receive about 60% of your average weekly wage while you recover. This helps ease the financial burden while you focus on healing.
Disability Payments: These are paid to workers who suffer from temporary or permanent, partial or total disabilities. These benefits can help provide long-term financial security if you're unable to return to your previous job.
Vocational Rehabilitation: If you cannot return to your job because of your injury, workers' compensation may fund retraining or assistance in finding a new line of work that suits your abilities.
Death Benefits: If a workplace injury results in death, the family of the deceased may receive death benefits to help with funeral costs and financial support during a difficult time
Common Work Injuries
Some of the most common types of workplace injuries include:
Falls: Whether from a slippery surface, ladder, or scaffold, falls are a leading cause of injury on the job.
Tripping: objects left in the wrong place create trip hazards.
Neck and Back Injuries: These can result from lifting, falling, or prolonged sitting or standing. They often require long-term treatment and rehabilitation.
Car Accidents: Injuries from car accidents are common, especially for employees who drive as part of their job (e.g., delivery drivers).
Exposure to Harmful Substances: Working around toxic chemicals or loud environments can lead to long-term health issues like hearing loss, respiratory problems, and skin conditions.
Dog Bites: delivery personnel get bit by dogs when delivering packages.
Crush Injuries: Being pinned or crushed under heavy objects can lead to serious injuries, sometimes requiring surgery or even amputation. Examples of crush injuries include tip hazards like falling sheetrock and glass panels.
As an injured worker, you have specific rights under workers' compensation laws. Some of these rights include:
The right to choose your treating physician.
The right to have medical expenses covered by workers' compensation for life.
The right to receive disability benefits (both temporary and permanent).
The right to return to your job or receive training for a new career if you're unable to return to your previous position.
The right to be treated with respect and dignity by your employer and medical providers.
If your claim is denied or you feel that your rights are being violated, an experienced attorney can help you challenge the decision and fight for the benefits you're entitled to. Contact Apis Law.
Can I Sue my Employer?
In most cases, the answer is no—workers' compensation is the exclusive remedy against your employer for workplace injuries.
However, there is an important exception to the rule which must be explored in EVERY work injury:
Third-Party Liability
When you are injured at work due to the fault of someone other than your employer or co-worker, you can claim workers' compensation benefits AND demand compensation from the third party. The person or company who is NOT your co-worker or employer is called a "third party." These claims often pay more than what you can recover through workers compensation benefits.
Here are five common examples of third-party workers' compensation claims:
Motor Vehicle Accidents
If you are injured in a car accident while driving for work (e.g., delivery drivers, traveling salespeople, shuttle bus drivers), and the accident is caused by another driver’s negligence, you may file a workers' compensation claim for the injury. You can also pursue a third-party claim against the other driver or their insurance for additional damages.
Construction Site Accidents
You may be injured due to the negligence of a general contractor, a subcontractor, or a third-party contractor on the site. For example, if you are hurt because of faulty equipment operated by a subcontractor or due to improper safety procedures followed by another company, you can pursue a third-party lawsuit against the subcontractor, in addition to workers' compensation.
Defective Products or Equipment
If you are injured because of a defective product or equipment (e.g., a malfunctioning machine or faulty safety gear) at work, and the manufacturer of that product or equipment is found to be at fault, you can file a third-party claim against the manufacturer or distributor, while still receiving workers' compensation benefits.
Premises Liability Injuries
If you are injured due to dangerous conditions on someone else’s property (for example, material on a job site falls on you, you slip on a wet floor in a store, or fall because of poorly maintained stairs in a building, or trip over a bucket a subcontractor left in a walkway), you can pursue a third-party claim against the property owner or manager, in addition to filing for workers' compensation.
Dog Bite: if you were bitten by a dog while delivering a package for Amazon, you can likely receive compensation from the dog owner or handler.
Injuries Due to Negligent or Reckless Acts of a Third Party
This could involve an employee being injured in a workplace altercation, assault, or even a situation involving another party’s negligent actions. For instance, if a delivery driver is injured because of a reckless driver, or a security guard is injured during an altercation with a trespasser, the employee could pursue a third-party claim against the person responsible for the injury.
In these examples, you can receive compensation from your employer's workers' comp insurance and can also file a personal injury lawsuit against that third party for damages such as medical costs, lost wages, and pain and suffering.
More Compensation
Third party claims are NOT restricted by workers compensation laws. In most cases, you can recover a significantly more money for your injuries. However, the worker's compensation insurance company has a right to reimbursement of benefits it paid to you. Resolving the worker's compensation lien can be complicated and any third party settlement negotiation must factor how much of the settlement funds will be used to pay the lien. It is imperative to hire a competent personal injury attorney when pursing a third party claim. Apis Law has ample experience in this area.
Legal Assistance: What You Should Know
Dealing with a workplace injury can be overwhelming, but you don’t have to go through it alone. If you’re struggling with a denied claim, facing complex legal issues, or trying to pursue a third-party lawsuit, consulting an attorney makes all the difference.
Apis Law offers free case reviews and contingency-based representation, meaning we don’t charge upfront fees—we only get paid if you win your case.
It’s important to take swift action. As time passes, evidence can disappear, and insurance companies may try to undermine your claim. If you are facing issues with your benefits, or if you’re unsure of the next steps in your case, don’t hesitate to seek legal advice.
To speak with Attorney Keith Diaz, you can arrange a free consultation by calling 603-785-1013.
V. Conclusion: Getting the Help You Deserve
When you’ve been injured at work, the process of seeking compensation can feel daunting. Workers' compensation provides very important financial and medical support, but it doesn’t always cover everything. If you're facing barriers or additional complexities with your injury, such as third-party involvement or employer negligence, legal assistance is key. Your rights matter, and there are multiple avenues available to ensure you receive the support you deserve during your recovery.
Reach out to Apis Law to guide you through the process and help you make informed decisions about your case. Don't face this challenge alone—get the help you need, when you need it most.
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