An accident at work is an ever present possibility. It can leave you with huge bills to pay, especially if the injury is serious or leaves you permanently disabled. New Hampshire, like most states, has legislation in place to protect you, the worker, from financial burden after a genuine workplace injury or illness. However, even after submitting a claim, there is a chance that it could be denied. This doesn’t mean that you will not be able to obtain compensation, but it might need an appeal. If it does get to his stage, you are advised to use a workers’ compensation attorney to provide legal representation and advice. Workers Compensation Law in New Hampshire The New Hampshire Workers Compensation Board is the state agency that deals with workers’ compensation in the state, including appeals whenever there is a dispute. Basically, there are no exceptions to providing workers compensation cover in New Hampshire. All employers are expected to take out insurance to cover their worker in the event that there is a workplace accident or illness. Employees who are injured or become sick while at work should make sure they fill in the correct form as soon as possible. This is a formal notification of the injury or illness which will include the date and details of what happened. The time limit for a claim is 3 years after the accident. Compensation is meant to cover medical treatment, 60% of temporary wage loss and payments to cover permanent disability or death if this is the result of the accident or illness. How a Denial of a WC Claim Could Take Place Insurers can deny a workers’ compensation claim for a number of reasons. Sometimes the employee’s injuries are not work related and the denial is justified, but many times the denial can be appealed. Occasionally, this happens because of a mistake in the line of communication between the employer and the insurer. If, for example, the insurer does not believe that you were at work when an injury took place, then they will deny the claim. Genuine administrative mistakes like this can usually be rectified quite easily. The insurer may also say that you: did not submit your claim on time or provide documentation to show how much medical treatment cost; were not at work at the time you say you were injured or that the injury or illness was a pre-existing condition; failed to use safety equipment or follow established procedures; deliberately caused your injury in order to obtain compensation; were affected by drugs or were drunk at the time you were injured. If the reason given was not valid, then you have the option of appealing the decision. The New Hampshire WC Appeals Process There is a process available in New Hampshire that can eventually mean that you obtain the compensation you deserve. You will need to file a petition at the outset with the Workers’ Compensation Board. The first step may be an informal attempt at mediation. If there is a simple mistake like the one described above his can usually be cleared up at mediation. The next level in the appeals process is an administrative hearing. There will be an officer appointed to hear and review evidence from both you, as the employee, and the insurer’s representative. The administrative officer will make a decision and let you know in writing. If you still disagree with the decision you can file an appeal with the New Hampshire Compensation Appeals Board. The Board will schedule a time for all evidence to be review yet again and a final decision to be made on your claim. Why a WC Attorney May be of Help It’s not easy appealing a decision when you know you are right but are not sure of the process. The insurer is going to have legal representation to help their side when it comes to hearings and appeals which will put you at a disadvantage if you don’t also make sure you have your own workers’ comp. attorney to provide advice and represent you when necessary.
