Unfortunately, accidents happen, and as a result, the injured employees may be disabled from work, partially or completely. When we receive an Employer’s Report of Injury and identify it as a potential lost time claim, our Claims Representative, Heather Overson, will meet with the injured employee and explain the benefits that the employee is entitled to under the worker’s compensation statute, including the indemnity benefits available.

In order to calculate a compensation rate, our claims team needs to know the average weekly wage of the employee prior to the injury. The New Hampshire Department of Labor requires a wage schedule form to be filled out for 52 weeks of gross wages prior to injury. The employer should include bonuses and commissions in the wage schedule. We will send the wage schedule to our claims contact or payroll department, or you can find it on our website.

The average weekly wage is calculated by taking the average of at least 26 weeks but no more than 52 weeks, whichever is more favorable to the injured employee.

If the injured employee is disabled from concurrent employment that is covered by a workers’ policy in New Hampshire, they may be entitled to additional disability benefits. NHADA WCT has a way to recover those funds from the state of New Hampshire in September of the following year.

Waiting Period

The first three days of disability are not paid unless the period of disability continues for 14 days or longer (RSA 281-A:22). However, if the injured employee returns to work within five days of the date of injury in a light duty capacity, then the three-day waiting period is waived (RSA 281-A:23-b). 

Workers’ compensation disability benefits are based on a seven-day week, so weekends are counted in the calculation of the waiting period. 

If an employee is injured on a Thursday, seeks treatment and is taken out of work until Monday, when he/she is released to return to full duty, the three-day waiting period applies, and no disability benefits are due. Under the same scenario, if the physician releases the injured employee to return to work in a light-duty capacity on Monday, three days of disability are due.

Temporary Total Disability (TTD)

TTD (RSA 281-A:28): Generally, 60% of the average weekly wage is the compensation rate. There is a maximum and minimum rate that is determined by the New Hampshire Department of Labor in July of every year. The maximum is currently $2,139.00, and the minimum is currently $427.87. If the average weekly wage of the injured employee falls below the minimum, their compensation will be based on 90% of their after-tax earnings.

It is a common misconception that flat-rate technicians are not compensated for temporary partial disability when they return to work in an alternate duty position.

Temporary Partial Disability (TPD)

TPD (RSA 281-A:31) is payable when the injured employee has returned to work at a lesser pay or hours than their usual occupation due to restrictions placed upon them by the treating physician. TPD is based on the formula of 60% of the difference between the injured employee’s pre-injury AWW and their gross earnings after returning to work. The maximum number of weeks payable for TPD is 262 weeks; any TTD paid prior to the commencement of the TPD is deducted from the 262 weeks.

Scheduled Permanent Impairment

Scheduled Permanent Impairment (RSA 281-A:32) is payable in addition to all other benefits the injured employee may be entitled to under the WC Statute. Permanent impairment is payable when the injured has suffered a total loss of use or a partial loss of use of a scheduled body part and is based upon the assessment of a physician using the “AMA Guides to the Evaluation of Permanent Impairment, 5th Edition.” The schedule includes 15 body parts; each is assigned a number of weeks of compensation benefits. The total loss of use of a scheduled body part entitles the injured employee to the full amount of the weeks included in the schedule multiplied by the injured employee’s rate of compensation. A partial loss of use is calculated by multiplying the assessed percentage of loss of use by the number of weeks on the schedule and then by the rate of compensation. The permanent impairment award must be approved by the Department of Labor and is payable in a single payment.

Should an injured employee be placed at maximum medical improvement and have a permanent impairment, they will have a permanent impairment evaluation performed by their own treating physician and/or an independent medical examiner. That does not mean they are necessarily disabled from employment at their regular occupation.

Death Benefits

Death benefits (RSA 281-A:26): When an employee suffers a compensable fatal injury, the dependents will be paid 60% of the deceased employee’s average weekly wage. One check is issued, the New Hampshire Department of Labor allocates the benefits between the surviving spouse and dependent children. The dependent children are entitled to their portion for the period that they are under 18 or under 25 if they are enrolled as full-time students in an accredited educational institution. If the surviving spouse remarries, her/his portion of the benefit is allocated to the dependent children pursuant to the parameters above. If there are no dependents, the benefits cease when the surviving spouse remarries. Otherwise, there is no maximum number of weeks of benefits payable to the surviving spouse. There is also a $10,000 burial expense included in this portion of the statute.