WORKERS COMP FREQUENTLY ASKED QUESTIONS

Q: When an employee is injured on the job, what are the employer's responsibilities?

A: Contact the Nurse Case Manager at NHADA at 800-852-3372 regarding the medical provider selection. If the injury requires emergency medical care, direct the employee to the nearest New Hampshire hospital. Complete the "Employer's First Report of Occupational Injury or Disease" (Form 8WC) no later than five (5) days after employer knowledge of any occupational injury. Complete the "Employer's Supplemental Report of Injury" (Form 13-WCA) if the employee's work-related injury or illness results in a disability of four (4) or more calendar days or when the employee returns to work. The employer shall complete and file the Wage Schedule (76WCA) to include twenty-six (26) weeks of gross wages on all claims involving disability of 14 days or longer. When an employee is released to return to work with restrictions, the employer shall provide temporary alternative duty within the restrictions outlined by the medical provider.

Q: When does the NHADA WCT begin making indemnity payments to the injured worker?

A: The law allows twenty-one (21) days from the date NHADA received the "First Report of Occupational Injury or Disease" (Form 8WC) to determine whether medical and investigative evidence substantiates that the injury arose out of and in the course of employment.

Q: Is there a waiting period before indemnity payments are paid?

A: There is a three-day waiting period unless the disability continues for fourteen (14) days or longer. However, if the employee returns to work, light duty, within five (5) days of sustaining the injury, the employee shall be paid from the first date of injury.

Q: How are indemnity benefits reimbursed to the injured employee?

A: The employee is reimbursed 60 percent of his/her average weekly wage [AWW = average of gross earnings (26 weeks prior to the date of injury)].

Q: What other benefits does an employee receive?

A: Payment of reasonable, necessary, casualty related medical bills as long as treatment occurs within the State-mandated managed care provider network; reimbursement of mileage at the rate established by the State of NH; reimbursement of prescription medication.

Q: If questions arise regarding a potential or existing claim, who do I call?

A: Call the Claims Department at NHADA at 800-852-3372.

Q: How long does an employee have to report a work-related injury?

A: The employee has two years from the date of injury to report a claim.

Q: If an employee's Workers' Compensation claim is denied, what can the employee do?

A: An employee whose case is denied may request a hearing in writing within eighteen (18) months of the date of denial with the New Hampshire Department of Labor, 95 Pleasant Street, Concord, NH 03301.