How Much Workers' Comp Pays in New Hampshire

Temporary total disability is generally 60% of the employee's average weekly wage, or 30% of the state average weekly wage if that is greater. If the employee's average weekly wage is 30% or less of the state average weekly wage, the benefit is the employee's full average weekly wage, but not more than 90% of after-tax earnings. In no case may the weekly benefit exceed 100% of the employee's after-tax weekly earnings. Temporary partial disability pays 60% of the difference between pre-injury wages and what the employee can earn afterward, for up to 262 weeks.

The maximum weekly benefit is 150% of the state average weekly wage (rounded to the nearest dollar) for the year of injury. The state average weekly wage for the prior calendar year is set by the Department of Employment Security and takes effect each July 1.

The statute sets no maximum number of weeks for temporary total disability. Temporary partial disability payments stop when the disability ends and may not last longer than 262 weeks; if partial disability follows a period of total disability, the weeks of total disability are deducted from the 262 weeks. Permanent total disability benefits are payable, after the worker reaches maximum medical improvement, for as long as the total disability continues. A scheduled permanent impairment award is paid in a single payment, and awards for more than one permanent loss are limited to a maximum of 350 weeks.

No wage-loss compensation is paid for the first 3 days of disability unless the disability lasts 14 days or longer, in which case those first 3 days are paid. If an injured employee returns to temporary alternative (light-duty) work within 5 days of the injury, compensation is paid from the first day of injury.

Permanent impairment is paid as a scheduled award in addition to other benefits: a set number of weeks at the compensation rate for loss or loss of use of a body part (for example, 210 weeks for an arm and 189 for a hand), reduced proportionally for partial loss of use. Injuries to the spine, spinal cord or brain, burn scarring, or more than one listed loss are rated as a percent of the whole person under the AMA Guides (5th edition) against a maximum of 350 weeks. The award is due after maximum medical improvement and is paid in a single payment. Permanent partial disability wage benefits (60% of lost earning capacity) are limited to 262 weeks; permanent total disability benefits continue while the worker cannot engage in gainful employment.