Weekly Indemnity Benefits

RSA 281-A:28

The injured employee's average weekly wage is determined by totaling the gross earnings of the injured employee during the 26 weeks preceding the date of injury and dividing the total by that number of weeks. An employee can request documentation of up to 52 weeks of earnings prior to the injury to determine the number of weeks, from 26 to 52, whichever is most beneficial to them, and an adjustment shall be made to their compensation rate. That is to say, the number of weeks utilized in this formula may fall anywhere within the range of 26 to 52 weeks. If, however, the employee has been employed less than 26 weeks, the rate of hire and the actual wages can be compared and whichever is more beneficial to the employee is the rate that should be used to determine the average weekly wage.

Each July 1, the New Hampshire Department of Labor issues notice to all carriers of the new maximum and minimum compensation rates .

Please note that the compensation rate for injuries before 2/8/94 is calculated using 66 2/3% of the injured employee's average weekly wage. For any injuries on or after 2/8/94 the compensation rate is calculated using 60% of the average weekly wage but in no event shall the weekly compensation rate exceed 100% of the employee's after tax earnings. This includes calculations for temporary partial benefits and permanent impairment awards.

In calculating compensation rates, if the injured employee's average weekly wage equals the minimum compensation rate, or is less, the compensation rate shall be the full amount of the employee's average weekly wage but shall not exceed 90% of the employee's after tax earnings.

Combined Earnings

An employee who is concurrently employed by two or more employers subject to the New Hampshire Workers' Compensation statute at the time of injury, is eligible to receive indemnity benefits based on the earnings from all such employers.

New Hampshire Administrative Rule Lab 506.02 Payment of Benefits and Filing of Reports (e)(7b) defines the source of incomes not included in combined earnings. They are:

1. Unreported earning
2. Uninsured self-employment
3. Federal
4. Other employment not subject to New Hampshire Workers' Compensation law