Workers’ Compensation

Most employers are required to cover injuries suffered by their employees in the course of their jobs. Employers usually have workers’ compensation insurance. A coverage to provide employees the benefits that are required by statute. Under the New Hampshire Workers’ Compensation Law, employees may be entitled to payments for permanent injury if applicable, medical expenses, prescriptions, lost wages, and other benefits. The injury attorneys at Normandin, Cheney & O'Neil can help workers pursue the maximum amount of benefits that they deserve and represent them in appeals if their initial claims are denied. Serving people throughout Belknap, Carroll, Grafton, and Merrimack Counties, and throughout New Hampshire since 1914, our New Hampshire workers’ compensation lawyers have substantial legal experience and a reputation of achieving outstanding results.

The New Hampshire Workers’ Compensation Law generally provides the exclusive remedy for employees against their employers for an accidental injury or death in the workplace. To qualify for coverage under the law, an employee’s injury must be an accident or an occupational disease arising out of and in the course of employment. Common accidental injuries are back injuries from lifting incidents, lower extremity injuries from slipping or twisting events or an injury to an upper extremity or other body part from any of a multitude of traumatic events that can occur in the workplace. Common types of occupational diseases include cancer caused by workplace exposure to hazardous chemicals or environments, carpal tunnel syndrome from repetitive movements, or hearing loss caused by loud noises. Some pre-existing conditions, such as degenerative disc disease of the spine, heart disease and cardiovascular conditions, also may be compensable if the workplace injury contributed to or aggravated the condition.

Mental health injuries and stress disorders may be covered by workers’ compensation if they result in physical symptoms and are caused by the employment itself. A mental injury is not compensable if it is due to good-faith disciplinary actions by the employer. Typically, a worker must notify the employer of his or her injury within two years of the accident or the onset of the occupational disease, and a worker usually must file a claim within three years of the injury, although there are exceptions.

Workers’ compensation benefits include payments for all of the employee’s reasonable medical treatment and services required as a result of the work injury. Accordingly, these benefits may cover surgeries, rehabilitative therapy, prescription medication, artificial limbs, and any other necessary medical expenses. Sometimes it becomes necessary to seek an order that the insurance carrier is responsible for payment prior to obtaining medical treatment. In addition, an injured employee may receive disability payments based on a percentage of his or her average weekly wage. For compensable injuries that render an employee totally disabled, the benefits are typically 60% of the employee’s average weekly wage prior to the injury, subject to a cap. If the employee is partially disabled as a result of the injury but still able to perform some work, benefits payments are determined by a formula that takes into account the employee’s prior weekly wage and current earning capacity. In situations in which an employee has suffered the permanent loss of a limb or function of a body part, an additional benefits payment may be awarded. In the case of a tragically fatal accident, the employee’s family members may receive weekly benefits and funeral expenses.

Fees can be based on percentage of benefits recovered, require Department of Labor approval in certain instances, and can be ordered paid by the insurance carrier.

At Normandin, Cheney & O'Neil, our New Hampshire workers’ compensation attorneys approach each client’s situation with personalized attention to detail and a high level of experience. We can provide legal guidance to people throughout Belknap, Grafton, Carroll, and Merrimack Counties from our office in Laconia. Call us at (603) 524-4380 or contact us online to set up a consultation. We also are available for people who need a Social Security attorney or guidance in a wide range of other legal matters, such as those related to criminal defense, family law, estate planning and probate, elder law, real estate, and business law.