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| What You Can Claim |
Workers’ Compensation
Workers’
compensation provides certain benefits for workers who are injured during the
course of their employment. Each state has its own workers’ compensation laws.
Federal employees, railroad workers, and maritime, longshoremen, and harbor
workers are covered by federal workers’ compensation laws which are not
discussed on this web site.
Usually, an employer buys a workers’ compensation insurance policy from an
insurance company. Some employers may choose to be “self insured” but must
seek approval from the New Hampshire Department of Labor to do so. With few
exceptions, any employer who hires one or more employees must make workers’
compensation available. An employer who fails to secure workers’ compensation
for employees may be subject to fines and criminal penalties.
Coverage
Workers’
compensation benefits are available once you begin your employment. There is no
“waiting period” as there may be for health insurance. Workers’
compensation laws cover most employees. Some categories of workers, such as
“independent contractors” are exempted. However, you may be entitled to
workers’ compensation benefits from an employer even though you are called an
independent contractor. The Department of Labor will examine the substance of
the relationship between you and your employer. If you are paid by the hour for
a regular workday, you are more likely to be treated as an employee eligible for
workers’ compensation benefits. On the other hand, if you perform a single job
and supply your own tools and equipment to perform it, you are more likely to be
viewed as an independent contractor rather than an employee of the person who
hired you for the single job and you would not be eligible for workers’
compensation benefits. Nothing, however, prevents independent contractors from
purchasing their own workers’ compensation insurance.
Workers’ compensation covers physical injuries, which arise out of and in the
course of your employment and, in some circumstances, psychiatric and stress
disorders. You are entitled to compensation for injuries such as burns,
lacerations, sprains, or fractures that result from an industrial accident. You
also are entitled to compensation for long term exposure to certain hazardous
conditions, such as hearing losses caused by noise exposure, lung disorders
caused by long term exposure to chemicals, or nerve and joint problems which may
result from repetitive motions. The workers’ compensation law allows
compensation for psychiatric and stress disorders so long as the disorder is
caused by the worker’s employment and results in physical symptoms.
Workers’ compensation does not cover disabilities that are the natural result
of the aging process or which are due to non-work related causes. Workers’
compensation benefits do not cover pre–existing conditions unless the
condition is aggravated by your employment. You may not recover for injuries
that result from your own willful misconduct or from intoxication.
What Should I
Do If I Have A Work Related Injury?
Your most important obligation is to report the injury promptly to your
employer. Your employer should have forms available that you must complete to
describe the injury and how it occurred. If you fail to notify your employer
within two years of the time when the injury occurs or when you become aware of
the medical condition caused by the injury, your claim may be barred. To recover
workers’ compensation benefits, you do not have to prove that your employer
was at fault, but you do have to show that the injury was caused by your
employment.
Beware!
Dealing with your employer and the workers compensation insurance company can be just as difficult as in any other type of injury claim. The workers compensation statute is quite complicated for the layman and it is strongly advisable to seek legal counsel. A workers compensation insurance carrier has the same motivations as a liability insurance carrier; their job is to minimize the amount of money they have to pay out.
Common sense advice: It is usually wise to take photographs of the scene, injuries and any other physical evidence (e.g. damaged car; motorcycle; bicycle or any other physical evidence that supports your injury case).
