Hiring a Workers' Compensation Lawyer in New Hampshire
The limits on workers' comp lawyer fees in New Hampshire, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in New Hampshire: fee rules
| If you disagree with a lawyer's bill | The New Hampshire Bar Association's Dispute Resolution Committee tries to resolve disputes between NH attorneys and clients that fall short of an ethics violation, including fee questions. The service is free and voluntary; if the attorney declines, the committee cannot proceed. It does not handle fees set by statute, agency rule or court order, or disputes in pending litigation. Send a written notice (names, the attorney's role, whether a case is pending, the facts, the resolution you want and your contact details) to NH Bar Association, Dispute Resolution Committee, 2 Pillsbury Street, Suite 300, Concord, NH 03301, or email NHBA.DRC@nhbar.org. |
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| If a lawyer takes your money | The Public Protection Fund, administered by the New Hampshire Bar Association under Supreme Court Rule 55, reimburses money or property lost through theft or misappropriation by a New Hampshire attorney in New Hampshire, within a client-attorney relationship or while the attorney served as a fiduciary (such as trustee, guardian or conservator), for thefts after June 1, 1998. File within three years of when you discovered (or reasonably should have discovered) the theft, and never more than one year after the attorney is suspended, disbarred, dies or is judged incompetent. The Fund is a last resort: you must show reasonable efforts to collect from the attorney's assets, insurance and sureties, the law firm, and other liable third parties. Send the Statement of Claim form to the NH Bar Association, 2 Pillsbury Street, Suite 300, Concord, NH 03301, Attn: Public Protection Fund Committee; phone 603-715-3289. |
New Hampshire rules to know first
| Lawyer fee limits | Fees for work before the Department of Labor must be approved by the Labor Commissioner, who considers the type, length and difficulty of the work, customary rates and the benefit to the claimant. When an employer or insurance carrier appeals and the decision for the employee is affirmed, the employee is entitled to reasonable counsel fees and costs as approved by the board or court; reasonable fees are also reimbursed when the commissioner orders a carrier to pay a disputed medical bill after a hearing. Source: N.H. RSA 281-A:44 |
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| Deadline to file a claim | Compensation for disability, rehabilitation, medical or death benefits is barred unless a claim is filed within 3 years after the date of injury. If the worker did not know the nature of the injury and its possible relationship to the job, the 3 years start when the worker (or, after a death, a dependent) knew or reasonably should have known. Source: N.H. RSA 281-A:21-a |
| Deadline to challenge a denial | In a dispute over benefits, any party may petition the labor commissioner in writing for a hearing; the hearing must be set within 6 weeks of the petition and a decision issued within 30 days after it. A decision of the commissioner or hearing officer must be appealed to the Compensation Appeals Board within 30 days of the decision. A party aggrieved by the board's decision may appeal to the New Hampshire Supreme Court under RSA 541, which requires a motion for rehearing within 30 days after the decision and an appeal within 30 days after the rehearing motion is denied or decided. Rehearing: https://gc.nh.gov/rsa/html/LV/541/541-3.htm ; appeal: https://gc.nh.gov/rsa/html/LV/541/541-6.htm . RSA 281-A:43 itself sets no deadline for the initial petition for a hearing. Source: RSA 281-A:43; RSA 541:3, 541:6 |
| Can you sue your employer? | Generally no. An employee of an employer covered by the workers' compensation law is conclusively presumed to have accepted it and waived all other rights of action against the employer, its insurance carrier or self-insurance group, and, except for intentional torts, against co-workers, officers and agents acting for the employer. A spouse or others have no direct action against them either. Exception: an employee of an employer that failed to secure compensation as required may instead pursue any available remedy at law, free of these waivers and immunities. Uninsured employer exception: https://gc.nh.gov/rsa/html/XXIII/281-A/281-A-7.htm Source: RSA 281-A:8, 281-A:7, IV |
| Suing someone other than your employer | Yes. An injured employee may, in addition to workers' compensation benefits, sue another person whose legal liability caused the injury (or collect under an uninsured motorist policy). The employer or insurer has a lien on the recovery, less expenses and costs, for benefits already paid or awarded, and shares pro rata in the costs of the action. Any settlement with the third party is not binding until approved by the labor commissioner or the court; if the employee does not proceed against the third party within 9 months after the injury, the employer or insurer may sue and is subrogated to the employee's rights. Source: RSA 281-A:13 |
Find and check a lawyer
| Lawyer referral service | The New Hampshire Bar Association's Lawyer Referral Service (LRS) helps people find a qualified, conveniently located attorney. Call 603-229-0002 and a referral specialist will help clarify your legal issue and refer you to an attorney who handles that type of issue, or use the online referral. LRS charges a nonrefundable $25 administrative fee. The page also links to reduced-fee services. |
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| Check discipline history or file a complaint | The New Hampshire Supreme Court's Attorney Discipline Office (4 Chenell Drive, Suite 102, Concord, NH 03301; 603-224-5828) handles misconduct complaints and can tell you whether complaints have been filed against a lawyer. A grievance is a letter giving the attorney's name and address, a description of the legal matter, a detailed factual account with dates, relevant documents and the proof you would offer (including witnesses). It must be signed under oath: sign the Oath Form before a notary public or justice of the peace, complete the Certification of Copies Form, attach both, and send a copy of the letter and enclosures to the attorney. Grievances cannot be filed by email or fax because they need original signatures. Public disciplinary decisions can be searched on the Attorney Discipline System site. Office address and phone as listed by the NH Bar Association: https://www.nhbar.org/dispute-with-an-attorney/ |
Free legal help
| Free legal aid | 603 Legal Aid generally helps people with low incomes with civil legal problems. Apply online (24/7) or by phone at (603) 224-3333 (intake calls Monday-Wednesday, 9:00 am-12:30 pm; no intake calls Thursday or Friday). After you apply, 603 Legal Aid may schedule a phone appointment for free legal advice, and you may be able to get free legal help. The Legal Services Corporation (LSC) lists 603 Legal Aid as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in New Hampshire · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.