Retaliation for Filing Workers' Comp in New Hampshire

An injured employee of an employer with 5 or more employees has a right to be reinstated to his or her former position on request, if the position exists and the employee can perform it with reasonable accommodations (the position counts as available even if filled by a replacement). If the position was eliminated, the employee must be reinstated to another vacant, suitable position. The right ends 18 months after the injury, when the employee takes another job, or when it is determined the employee cannot return to the former position. The Labor Commissioner may assess a violating employer all weekly wage benefits back to the date the employee was eligible for reinstatement. The workers' compensation law does not take away other rights a former employee may have to sue for wrongful termination.

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.