New Hampshire
New Hampshire Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
New Hampshire requires virtually all employers to carry workers' compensation insurance for their employees. Under RSA 281-A, an injured worker receives no-fault medical care and wage-replacement benefits in exchange for giving up the right to sue the employer in civil court.
Is workers' comp required in New Hampshire?
Yes. RSA 281-A requires all New Hampshire employers with one or more employees to carry workers' compensation insurance. There is no small-business exemption based on company size. Coverage extends to full-time and part-time employees across most industries. The administering agency is the New Hampshire Department of Labor, Workers' Compensation Division, which oversees insurance compliance, processes claims, and resolves disputes. Employers that operate without required coverage can face significant penalties and lose important legal defenses if an injured worker later pursues a civil claim against them.
Benefits you can receive
New Hampshire workers' compensation covers two broad categories of benefits: medical care and wage replacement.
Medical benefits pay for all reasonable and necessary treatment for a work-related injury or illness, with no deductible or copay owed by the worker. This includes emergency care, surgery, hospitalization, physical therapy, and prescription medications.
Wage-replacement benefits begin after a 3-day waiting period. New Hampshire's wage-replacement rate is 60% of your average weekly wage (AWW), which is lower than the 66 2/3% standard used in most states. The benefit is subject to a minimum floor of 30% of the statewide AWW and a maximum cap of 150% of the statewide AWW, both of which the state adjusts annually. Under RSA 281-A:28, the first 3 days of disability are not compensated unless the disability continues for 14 days or longer, in which case those initial 3 waiting days are paid retroactively.
New Hampshire recognizes the standard disability categories. Temporary total disability (TTD) applies when you are completely unable to work during recovery. Temporary partial disability (TPD) applies when you return to lighter duty at reduced wages. Permanent partial disability (PPD) covers lasting impairments to specific body parts or functions and is often resolved through scheduled benefits or a lump-sum settlement. Permanent total disability (PTD) applies when the injury prevents any future employment. Death benefits, including burial expenses and weekly payments to surviving dependents, are available when a work injury or illness causes death. Most claims ultimately resolve by a negotiated settlement. For a rough sense of that settlement's range, try our New Hampshire workers' comp settlement calculator.
Deadlines: reporting your injury and filing a claim
Two separate time clocks run on every New Hampshire workers' compensation claim, and missing either one can jeopardize your benefits.
Report-to-employer deadline: New Hampshire law gives workers up to 2 years to provide notice to the employer, which is unusually long. That does not mean you should wait. Prompt notice protects you against disputes about whether the injury is work-related and triggers your employer's own reporting duty. Under RSA 281-A:53, I, the employer must report any injury sustained in the course of employment to the Labor Commissioner at the New Hampshire Department of Labor as soon as possible, and no later than 5 days after the employer learns of it, with a copy of that report going to its insurance carrier. That duty applies whether or not the injury disables you. A separate supplemental report is required when the disability extends beyond the 3-day waiting period, and it is due no later than 7 days after the accidental injury. Notifying your employer in writing as soon as possible after the accident is strongly advisable.
Claim statute of limitations: You have 3 years from the date of injury to file a formal workers' compensation claim. There is a separate backstop: indemnity benefits are barred 4 years after the last receipt of benefits or the last denial of a claim. Do not assume you have the full period available; circumstances can complicate the calculation. If you cannot tell whether your deadline has passed, get a free case evaluation from a New Hampshire workers' comp lawyer to work out the dates (attorney advertising).
Choosing your doctor
New Hampshire generally gives the employee the right to choose the treating physician. This is favorable compared to states where the employer or insurer controls all medical care from the start.
One important caveat: if the insurer has established a managed-care program, you may be required to seek care within that network. Managed-care arrangements are permitted under RSA 281-A and can limit your initial provider choice. Even where a managed-care program applies, you retain the right to appropriate medical treatment for your work injury. The insurer may also require an independent medical examination (IME) at its own cost to evaluate your condition; you are generally obligated to attend. If your treating physician and the IME doctor disagree, the Department of Labor can help resolve the dispute.
Can you sue your employer? The exclusive-remedy rule
New Hampshire workers' compensation operates on the same no-fault bargain found in every other state: you receive guaranteed benefits without proving fault, and in exchange you give up the right to sue your employer in civil court for the workplace injury. This is the exclusive-remedy rule under RSA 281-A:8.
Three standard exceptions exist where a separate lawsuit may still be possible:
- Intentional torts by an individual, not by the employer entity. RSA 281-A:8, I is written asymmetrically, and the distinction matters. Subparagraph I(a) waives your rights of action against "the employer or the employer's insurance carrier" with no intentional-conduct carve-out at all. The words "except for intentional torts" appear only in subparagraph I(b), which covers "any officer, director, agent, servant or employee acting on behalf of the employer." On the face of the statute, then, an intentional-tort claim runs against the individual who intentionally caused the harm, such as a supervisor, co-worker, or corporate officer, rather than against the company itself.
- Third-party claims. If someone other than your employer caused or contributed to your injury (for example, a negligent equipment manufacturer, a careless contractor on a shared worksite, or a driver who caused a vehicle accident during work hours), you may sue that third party in civil court while still collecting workers' comp benefits. Any civil recovery typically requires reimbursing benefits already paid.
- Uninsured employer. If your employer was required to carry coverage but failed to do so, you may pursue a civil action and cannot be limited to the exclusive-remedy bar.
Outside these exceptions, workers' comp remains your only recourse against the employer regardless of how serious the injury was or how recklessly the employer acted.
If you were hurt at work in New Hampshire
Taking the right steps promptly protects both your health and your legal rights.
Report the injury right away. Tell your employer or supervisor in writing as soon as possible after the accident, even if the injury seems minor at first. While New Hampshire allows up to 2 years for notice, early written reporting prevents later disputes about whether the injury happened at work.
Get medical care. Seek evaluation from a licensed physician promptly and tell the provider that the injury is work-related. This creates a contemporaneous medical record that is essential to your claim. If the insurer has a managed-care program, verify which providers are in the network before your first visit.
File within the statute of limitations. You have 3 years from the injury date to file a formal claim with the New Hampshire Department of Labor. Do not wait until the last moment, especially if the insurer has denied benefits or disputed your claim.
Keep records. Retain copies of medical records, correspondence with your employer and the insurer, wage statements, and a written log of how the injury affects your daily life and your ability to work.
Consult an attorney for disputes. New Hampshire workers' compensation attorneys typically work on contingency, charging no upfront fee. If the insurer disputes liability, denies benefits, or offers a settlement that seems inadequate, an experienced workers' comp lawyer can guide you through the Department of Labor hearing process and any appeals.
This article is general legal information, not legal advice. Workers' compensation rules vary by state and change, and benefit amounts and deadlines depend on the specific facts. For advice about a specific claim, consult a licensed workers' compensation attorney in New Hampshire.
Related pages:
- Workers' Compensation Laws by State: hub overview for all 50 states
- New Hampshire Statute of Limitations: deadlines for civil claims in New Hampshire
More New Hampshire Laws
- New Hampshire At-Will Employment Laws
- New Hampshire Car Accident Laws
- New Hampshire Final Paycheck Laws
- New Hampshire Slip and Fall Laws
- New Hampshire Statute of Limitations
Frequently Asked Questions
Is workers' comp required in New Hampshire?
Yes. RSA 281-A requires all New Hampshire employers with one or more employees to carry workers' compensation insurance. There is no size exemption for small businesses. Employers without coverage face penalties and lose key legal defenses if an injured worker files a civil claim.
How much does workers' comp pay in New Hampshire?
Temporary total disability benefits pay 60% of your average weekly wage (AWW), with a minimum floor of 30% and a maximum cap of 150% of the statewide AWW, both set annually by the state. This 60% rate is lower than the 66 2/3% standard most states use. Permanent injuries may be compensated through scheduled benefits or a lump-sum settlement.
How long do I have to file a workers' comp claim in New Hampshire?
You have 3 years from the date of your injury to file a formal claim. A separate 4-year bar applies to indemnity benefits after the last receipt or denial of benefits. Do not assume the longest possible window is always available; consult an attorney if you have any doubt about your deadline.
How long does workers' comp last in New Hampshire?
Benefits continue as long as you remain disabled and the disability is medically connected to the work injury. Temporary benefits last until you reach maximum medical improvement or return to work. Permanent total disability benefits can last for life. Most claims eventually resolve through a negotiated lump-sum settlement.
Can I choose my own doctor in New Hampshire?
Generally yes. New Hampshire employees may choose their own treating physician. If the insurer operates a managed-care program, you may be directed to network providers initially. The insurer can require an independent medical examination at its cost, but that examiner does not control your treatment.
Can I be fired while on workers' comp in New Hampshire?
New Hampshire law prohibits retaliation against an employee for filing a workers' compensation claim. While New Hampshire is an at-will employment state, firing or penalizing a worker specifically because they exercised their workers' comp rights is unlawful. If you believe you were terminated in retaliation, consult an attorney and consider filing a complaint with the Department of Labor.
Can I sue my employer for a workplace injury in New Hampshire?
Usually no. RSA 281-A:8, I(a) waives your rights of action against the employer and its insurance carrier, and it contains no intentional-conduct exception. The statute's 'except for intentional torts' language sits in I(b), which covers officers, directors, agents, servants and employees acting on the employer's behalf, so an intentional-tort claim runs against the individual who caused the harm rather than the company. You may also sue a third party (such as an equipment manufacturer or contractor) who contributed to your injury, and an employer that illegally failed to carry required insurance.
Updates
Corrected the employer's injury-reporting duty (the report goes to the New Hampshire Labor Commissioner within 5 days of any work injury, with a separate 7-day supplemental report for disabling injuries), clarified that the intentional-tort exception to the exclusive-remedy rule runs against an individual officer or co-worker rather than the employer, and fixed the waiting-period rule to pay the first 3 days when a disability continues for 14 days or longer.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 281-A WORKERS' COMPENSATION
§ 281-A:5Securing Payment of Compensation.In force
An employer, or group or association of homogeneous employers, subject to this chapter shall secure compensation to employees in one of the following ways: I. By insuring and keeping insured the payment of such compensation with a company licensed to write workers' compensation insurance in this state and filing with the commissioner, in a form prescribed by the commissioner, evidence of such coverage as the commissioner deems appropriate. II. By insuring and keeping insured the payment of compensation to domestic employees with a company providing workers' compensation insurance in accordance with RSA 281-A:6. III. By furnishing to the commissioner satisfactory proof of financial ability to pay compensation directly to an employee when due in the amounts and manner as provided in this chapter. IV. In the case of employees of the state, compensation shall be made as provided in RSA 21-I:24 and RSA 21-I:25-a.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at gc.nh.gov
§ 281-A:8Employees Presumed to Have Accepted.In force
I. An employee of an employer subject to this chapter shall be conclusively presumed to have accepted the provisions of this chapter and, on behalf of the employee or the employee's personal or legal representatives, to have waived all rights of action whether at common law or by statute or provided under the laws of any other state or otherwise: (a) Against the employer or the employer's insurance carrier or an association or group providing self-insurance to a number of employers; and (b) Except for intentional torts, against any officer, director, agent, servant or employee acting on behalf of the employer or the employer's insurance carrier or an association or group providing self-insurance to a number of employers. II. The spouse of an employee entitled to benefits under this chapter, or any other person who might otherwise be entitled to recover damages on account of the employee's personal injury or death, shall have no direct action, either at common law or by statute or otherwise, to recover for such damages against any person identified in subparagraph I(a) or (b). III.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 79 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Karch v. BayBank FSB (Supreme Court of New Hampshire 2002, 147 N.H. 525)“…lusivity provision of the Workers’ Compensation .Law. See RSA281-A:8,1 (1999). As a general rule, any clai…”
- Thompson v. Forest (Supreme Court of New Hampshire 1992, 136 N.H. 215)“…islature retained the co-employee immunity provision, see RSA 281-A:8, I(b) (Supp. 1991). That statute effect…”
- Lacasse v. Spaulding Youth Center (Supreme Court of New Hampshire 2006, 154 N.H. 246)“…rred by the workers’ compensation statute. See RSA 281-A:8 (Supp. 2005). The plaintiff appeals.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 281-A:28Compensation for Temporary Total Disability.In force
An employer subject to this chapter, or the employer's insurance carrier, shall pay workers' compensation to an employee sustaining a personal injury which is totally disabling, but temporary in nature, and the employee is unable to return to work, but has not achieved maximum medical improvement, but not for the first 3 days of disability unless the disability continues for 14 days or longer, as follows: I. If an employee's average weekly wage is 30 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of that employee's average weekly wage. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee's after tax earnings as determined by RSA 281-A:15. II.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 32 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Cyr v. J.I. Case Co. (Supreme Court of New Hampshire 1994, 139 N.H. 193)“…are only supposed to be paid to those unable to work. See RSA 281-A:28, :28-a, :31, :31-a (Supp. 1993). Receip…”
- Alonzi v. Northeast Generation Services Co. (Supreme Court of New Hampshire 2008, 156 N.H. 656)“…RSA 281-A:44 (Supp. 2007); wage benefits, see RSA 281-A:28-:31 (1999); and medical care, se…”
- Appeal of Martino (Supreme Court of New Hampshire 1994, 138 N.H. 612)“…e must show, at minimum, a current work-related disability. RSA 281-A:28, :28-a, :31, :31-a (Supp. 1993); City…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 281-A:53Responsibility of Employer to Provide Vital Information.In force
I. Every employer or self-insurer shall record in sufficient detail and shall report or cause to be reported to the commissioner any injury sustained by an employee in the course of employment as soon as possible, but no later than 5 days after the employer learns of the occurrence of such an injury. If an injury results in a disability extending beyond 3 days, the employer shall file with the commissioner a supplemental report giving notice of such disability as soon as possible after such waiting period, but no later than 7 days after the accidental injury. The employer shall supply a copy of either report to the nearest claims office of the employer's insurance carrier. A self-insurer need not file the supplemental report with the commissioner and may keep the insurance copy of the employer's first report as a file copy. If any employer fails without sufficient cause as determined by the commissioner to file a first report as set forth in this paragraph, the commissioner shall assess a civil penalty of up to $2,500.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2000
Opinions citing this section in our collection:
- Appeal of Kulacz (Supreme Court of New Hampshire 2000, 145 N.H. 113)“…ioner’s claim in violation of the applicable statute, see RSA 281-A:53, and department of labor rule, see N.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- New Hampshire Department of Labor, Workers' Compensation Division(dol.nh.gov).gov
- New Hampshire Workers' Compensation Act, RSA 281-A(gencourt.state.nh.us).gov
- RSA 281-A:53, Reports of Injuries (New Hampshire Workers' Compensation Law)(gc.nh.gov)
- RSA 281-A:8, Presumption and Waiver of Rights of Action(gc.nh.gov)
- RSA 281-A:28, Compensation for Total Disability(gc.nh.gov)
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