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Workplace Injuries FAQ

Who pays for my prescriptions?

Can I see my own doctor?

Can my employer fire me?

Do I need an attorney?

How do they figure my workers' compensation rate?

How long do I have to report my workplace injury to my employer?

How long is my claim open?

How soon does workers' compensation start?

If I return to light duty, can my employer reduce my rate of pay?

Is workers' compensation taxable?

What are my rights and responsibilities?

What type of light duty job can my employer offer me?

back to topWho pays for my prescriptions?

The insurance carrier will reimburse you for any prescriptions relating to your injury. They have 30 days from receipt of the request.

back to topCan I see my own doctor?

This depends on whether or not your carrier is using a managed care program. If they are, you must choose a doctor within the network. If you are not subject to managed care, the choice is yours.

back to topCan my employer fire me?

It depends on your case and circumstances. There are no job security laws in New Hampshire, but the employer may be required to reinstate you if you are released by your treating physician within 18 months of the date of injury. See RSA 281-A:25-a or New Hampshire Administrative Rule Chapter Lab 504.05 Reinstatement of Employee Sustaining Compensable Injuries.

back to topDo I need an attorney?

Whether you choose to use an attorney is a personal choice. Individuals may seek legal counsel or represent themselves.

back to topHow do they figure my workers' compensation rate?

Weekly compensation is based on 60% of your average weekly wage. To determine average weekly wage, gross wages are added together for 26 weeks up to 52 weeks preceding injury, then divided by the number of weeks. If less than 26 weeks, they may use rate of hire.

back to topHow long do I have to report my workplace injury to my employer?

Check out our Timeframe for Filing a Claim page for more information on filing your paperwork with the Department of Labor and see our Workers' Compensation Fact Sheet for important information about Workers' Compensation as it relates to injured employees..

back to topHow long is my claim open?

Medical bills related to your injury remain the responsibility of the carrier as long as treatment is required. There are certain time limits for indemnity benefits depending on the circumstances of the case. See RSA 281-A:31.

back to topHow soon does workers' compensation start?

Workers' compensation starts on the fourth day of disability (subject to a three day period). The waiting period is waived if the disability continues for 14 days or longer or if an employee returns to temporary alternative employment within five days.

back to topIf I return to light duty, can my employer reduce my rate of pay?

Yes, but you may be entitled to receive a partial benefit from the insurance carrier in addition to your reduced wages.

back to topIs workers' compensation taxable?

No, but any questions pertaining to reporting, etc., should be directed to the IRS.

back to topWhat are my rights and responsibilities?

See employee benefits for benefits payable under workers' compensation and also refer to New Hampshire Administrative Rule Chapter Lab 503 Responsibility of All Parties and New Hampshire Administrative Rule Chapter Lab 507 Responsibilities of Employees.

back to topWhat type of light duty job can my employer offer me?

The position offered to you under light duty must be meaningful employment within the restrictions set by your physician.


New Hampshire Department of Labor  |  
95 Pleasant Street  |  Concord, NH 03301
Telephone: 603-271-3176  |  
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