GRANITE LAW
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GRANITE LAW |
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Workers' Compensation Questions and Answers
Question: How soon does workers' compensation start? Answer: Workers’ compensation starts on the fourth day of disability (subject to a three [3] day period). The waiting period is waived if the disability continues for fourteen (14) days or longer or if an employee returns to temporary alternative employment within five (5) days.  Question: How do they figure my workers' compensation rate? Answer: Weekly compensation is based on 60% of your average weekly wage. To determine average weekly wage, gross wages are added together for twenty-six (26) weeks up to fifty-two (52) weeks preceding injury, then divided by the number of weeks. If less than twenty-six (26) weeks, they may use rate of hire. Question: Can I see my own doctor? Answer: 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. Question: Who pays for my prescriptions? Answer: The insurance carrier will reimburse you for any prescriptions relating to your injury. They have thirty (30) days from receipt of the request. Question: Do I need an attorney? Answer: Whether you choose to use an attorney is a personal choice. You may seek legal counsel or represent yourself. However, the insurance carrier has an attorney. Why shouldn't you? Question: Can my employer fire me? Answer: 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 eighteen (18) months of the date of injury. See RSA 281-A:25a or LAB 504.05. Question: What type of light duty job can my employer offer me? Answer: The position offered to you under light duty must be meaningful employment within the restrictions set by your physician. Question: If I return to light duty, can my employer reduce my rate of pay? Answer: Yes, but you may be entitled to receive a partial benefit from the insurance carrier in addition to your reduced wages. Question: How long is my claim open? Answer: 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. Question: Is workers' compensation taxable? Answer: No, but any questions pertaining to reporting, etc., should be directed to the IRS. Question: What are my rights and responsibilities? Answer: Please refer to the Employee Benefits detailed by the Department of Labor for benefits payable under workers’ compensation and also refer to Administrative Rules LAB 503 and LAB 507. Want More Information? If you would like more information on this subject or if you have a specific question about this subject, feel free to call Attorney Michael Gfroerer at (603) 228-1151 or e-mail him at mgfroerer@granitelaw.com. |
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