Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
1. Workers’ Compensation Benefits
If your injury occurred on the job, you likely qualify for benefits under New Hampshire’s Workers’ Compensation Act (RSA 281-A). You can recover:
- Wage‐loss benefits: Two‐thirds of your average weekly wage (subject to a maximum and minimum), starting after the first week of disability. See RSA 281-A:42.
- Medical expenses: Full coverage of reasonable and necessary treatment related to your injury.
- Permanent impairment: Compensation if your injury leads to lasting disability.
To start a claim, notify your employer immediately and file a form with the New Hampshire Department of Labor within 30 days of the accident.
2. Third-Party Personal Injury Lawsuit
If a non-employer party caused your injuries—such as a negligent driver or property owner—you may file a personal injury lawsuit. You can seek:
- Lost wages: All income you missed from the date of injury through trial.
- Future lost earning capacity: If your injury limits your ability to work going forward.
- Pain and suffering: Non-economic damages for physical and emotional harm.
New Hampshire imposes a three-year statute of limitations on personal injury claims (RSA 508:4). File your lawsuit within three years of the accident date to preserve your right to recover.
3. Auto Insurance Benefits
If a motor vehicle accident caused your injuries, you can tap into your own or the at-fault driver’s insurance:
- Personal Injury Protection (PIP): If you purchased PIP, you get wage replacement and medical coverage regardless of fault.
- Uninsured/Underinsured Motorist (UM/UIM): If the at-fault driver lacks sufficient coverage, your UM/UIM policy may pay your lost wages (RSA 264:15-a).
Report the accident to your insurer promptly. Track medical reports and wage statements to support your claim.
4. Private Disability Insurance
If you have short-term or long-term disability coverage through your employer or a private carrier, file a claim under that policy. These plans often replace a percentage of your salary until you can return to work or reach policy limits.
5. Social Security Disability Benefits
If your injuries cause long‐term or permanent disability, you may apply for Social Security Disability Insurance (SSDI). Approval can take several months, but benefits can include back pay for wages lost after the application date.
Helpful Hints
- Report injuries and accidents in writing and keep copies.
- Gather paycheck stubs, tax returns, and employer letters to document lost income.
- Attend all medical appointments and keep detailed treatment records.
- File workers’ compensation and insurance claims within stated deadlines.
- Consult an attorney early about third-party claims to preserve evidence.
- Understand your insurance policies—note coverage limits and exclusions.
- Stay organized: maintain a dedicated folder for all injury-related correspondence.
- Be mindful of the three-year statute of limitations for personal injury suits in New Hampshire.