Disclaimer: This is not legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Understanding Lost Wage Claims in New Hampshire
After an injury, you may miss time at work and lose income from one or more jobs. New Hampshire law allows you to recover those lost wages either through workers’ compensation or a personal injury lawsuit against a third party.
1. Workers’ Compensation Claims
If your injury arose out of and in the course of employment, file a workers’ compensation claim under RSA Chapter 281-A. Your employer’s insurer must pay you benefits for lost wages based on your average weekly wage, calculated across all jobs you held at the time of injury.
• Calculate your combined average weekly wage by adding the gross wages from each job over the prior 52 weeks and dividing by 52.
• Submit Form 8 (Notice of Accident) to your employer and the New Hampshire Department of Labor.
• The insurer has 28 days to accept or deny liability. If accepted, you receive two-thirds of your average weekly wage, up to the statutory maximum.
2. Personal Injury Lawsuits
If a third party caused your injury (for example, in a car crash or slip-and-fall), you may file a negligence claim in Superior Court. Under RSA 507:4, you have three years from the date of injury to file.
• Demand compensation from the at-fault party or its insurer, including all lost wages from each job.
• Show proof of income: pay stubs, W-2 forms, tax returns, and employer affidavits listing your position, hours, and pay rate.
• Calculate actual lost earnings by subtracting any wages you received from what you would have earned pre-injury.
Calculating Lost Wages from Multiple Jobs
1. Gather documentation for each job: recent pay stubs, W-2s for the past year, and IRS Form 1099 if you are an independent contractor.
2. Obtain employer verification letters confirming your hours, pay rate, and expected schedule.
3. Use a consistent formula: total all earnings for each pay period, divide by the number of weeks, then multiply by weeks missed.
Filing Your Claim
• Workers’ Compensation: File Form 8 within two years of your injury to meet the deadline under RSA 281-A:11 (https://www.gencourt.state.nh.us/rsa/html/XXII/281-A/281-A-11.htm).
• Personal Injury: Send a written demand or file a complaint in Superior Court. Include all lost wage calculations and supporting documents.
Key Deadlines
• Workers’ Compensation: Two years to report the injury, per RSA 281-A:11.
• Personal Injury: Three years to file your lawsuit under RSA 507:4 (https://www.gencourt.state.nh.us/rsa/html/VII/507/507-4.htm).
Helpful Hints
- Keep a daily log of missed hours and tasks you cannot perform.
- Notify all employers in writing about your injury and lost time.
- Retain copies of every document you submit or receive.
- Use certified mail for deadlines to prove timely filing.
- Consult an attorney early to value your total claim and avoid mistakes.