Construction Site Injuries in New Hampshire
Whether an injured construction worker in New Hampshire can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Under New Hampshire's workers' compensation law, an injured employee is conclusively presumed to have accepted the law and waived lawsuits against the employer, its insurer and (except for intentional torts) co-workers and officers. RSA 281-A:8, 281-A:13
| Construction site injuries | Under New Hampshire's workers' compensation law, an injured employee is conclusively presumed to have accepted the law and waived lawsuits against the employer, its insurer and (except for intentional torts) co-workers and officers. The worker may still sue another person whose legal liability caused the injury, in addition to receiving workers' compensation, subject to the employer's or insurer's lien on the recovery. No New Hampshire scaffold-law statute was identified for this entry. Third parties: https://gc.nh.gov/rsa/html/XXIII/281-A/281-A-13.htm Source: RSA 281-A:8, 281-A:13 |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it. Source: RSA 507:7-d |
| Deadline to sue for an injury | Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them. Source: RSA 508:4, I |
More New Hampshire personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in New Hampshire
- Wrongful Death Lawsuits in New Hampshire
- Car Accident Claims in New Hampshire
- Dog Bite Liability in New Hampshire
- Slip, Trip and Fall Injuries in New Hampshire
- Sidewalk and Public Property Falls in New Hampshire
- Motorcycle Accident Claims in New Hampshire
- Pedestrian Accident Claims in New Hampshire
- Bicycle Accident Claims in New Hampshire
- Uber and Lyft Accident Claims in New Hampshire
- Truck Accident Claims in New Hampshire
- All New Hampshire personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in New Hampshire?
Under New Hampshire's workers' compensation law, an injured employee is conclusively presumed to have accepted the law and waived lawsuits against the employer, its insurer and (except for intentional torts) co-workers and officers. The worker may still sue another person whose legal liability caused the injury, in addition to receiving workers' compensation, subject to the employer's or insurer's lien on the recovery. No New Hampshire scaffold-law statute was identified for this entry.
Can you recover damages if you were partly at fault in New Hampshire?
Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it.
What is the statute of limitations for personal injury in New Hampshire?
Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them.
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.