Suing Over a Work Injury in New Hampshire
When New Hampshire law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: 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… RSA 281-A:8, 281-A:7, IV
| Suing 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 |
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| 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 |
| If your employer has no workers' comp | An employee of an employer that failed to secure workers' compensation may apply to the labor commissioner, who hears the claim like any other; the employer must pay the compensation set within 10 days, and the award becomes a lien on the employer's property enforceable like a court judgment. Alternatively, the worker may sue the employer under any available legal remedy, free of the exclusive-remedy bar. The employer faces civil penalties of up to $2,500 plus up to $100 per employee per day of noncompliance, can be barred from doing business in the state, and purposely failing to secure coverage is a class B felony; responsible officers can be personally liable for penalties. An uninsured employers fund was not identified in the sections read. Source: RSA 281-A:7 |
Where to get help in New Hampshire
More New Hampshire workers' compensation
- Filing a Workers' Comp Claim in New Hampshire
- How Much Workers' Comp Pays in New Hampshire
- Workers' Comp Settlements in New Hampshire
- Retaliation for Filing Workers' Comp in New Hampshire
- Appealing a Denied Workers' Comp Claim in New Hampshire
- All New Hampshire workers' compensation rules
FAQ
Can you sue your employer for a work injury in New Hampshire?
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.
Can you sue a third party for a work injury in New Hampshire?
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.
What if my employer doesn't have workers' comp insurance in New Hampshire?
An employee of an employer that failed to secure workers' compensation may apply to the labor commissioner, who hears the claim like any other; the employer must pay the compensation set within 10 days, and the award becomes a lien on the employer's property enforceable like a court judgment. Alternatively, the worker may sue the employer under any available legal remedy, free of the exclusive-remedy bar. The employer faces civil penalties of up to $2,500 plus up to $100 per employee per day of noncompliance, can be barred from doing business in the state, and purposely failing to secure coverage is a class B felony; responsible officers can be personally liable for penalties.
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.