Appealing a Denied Workers' Comp Claim in New Hampshire
The deadline to challenge a denied workers' comp claim in New Hampshire, where to file, and the steps from hearing to appeal.
Short answer: 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. RSA 281-A:43; RSA 541:3, 541:6
| 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 |
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| Appealing a denial | A decision of the Labor Commissioner or hearing officer may be appealed to the Compensation Appeals Board within 30 days of the decision; the board holds a full hearing within 6 weeks and issues its decision within 30 days of the hearing. An appeal does not suspend payment of an award unless the hearing officer orders it. A party aggrieved by the board's decision may appeal to the New Hampshire Supreme Court under RSA 541. Decisions that are not appealed become final 30 days after they are issued. Source: N.H. RSA 281-A:43, I(b)-(c), II |
| 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 |
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
- Suing Over a Work Injury in New Hampshire
- All New Hampshire workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in New Hampshire?
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.
How do you appeal a denied workers' comp claim in New Hampshire?
A decision of the Labor Commissioner or hearing officer may be appealed to the Compensation Appeals Board within 30 days of the decision; the board holds a full hearing within 6 weeks and issues its decision within 30 days of the hearing. An appeal does not suspend payment of an award unless the hearing officer orders it. A party aggrieved by the board's decision may appeal to the New Hampshire Supreme Court under RSA 541. Decisions that are not appealed become final 30 days after they are issued.
What is the deadline to file a workers' comp claim in New Hampshire?
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.
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.