Filing a Workers' Comp Claim in New Hampshire

Claims are barred unless the employee gives the employer notice of the injury within 2 years of the injury. If the worker did not know the nature of the injury and its possible link to the job, the 2 years start when the worker knew or reasonably should have known. The notice is in writing on a form prescribed by the Labor Commissioner, signed by the employee in duplicate, and can be delivered in person or by certified mail; the employer signs to acknowledge receipt.

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.

The employee gives the employer written notice of injury on the Labor Commissioner's form. If there is a dispute about the employer's or insurer's responsibility to pay, any party may petition the Labor Commissioner in writing at the Department of Labor in Concord for a hearing, stating the reasons and the questions in dispute; the hearing is to be set within 6 weeks of receiving the petition. The Department has a dispute resolution coordinator whose job is to help unrepresented injured employees understand and protect their rights.

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.