Workers' Comp Settlements in New Hampshire

Lump-sum agreements may be approved by the Commissioner of Labor once compensability has been determined (by the employer, insurer, commissioner, the commissioner's representative or the compensation appeals board) and either the worker has had at least 12 months of continuous disability or the lump sum is in the best interests of all concerned. No lump-sum agreement may be approved except after a hearing before the commissioner or the commissioner's designated representative. Medical benefits can never be lump-summed. Vocational rehabilitation costs may be included if the agreement states the amount and the services; that money is held in escrow, and the worker generally must start the services within 6 months of approval.

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.

Fees for work before the Department of Labor must be approved by the Labor Commissioner, who considers the type, length and difficulty of the work, customary rates and the benefit to the claimant. When an employer or insurance carrier appeals and the decision for the employee is affirmed, the employee is entitled to reasonable counsel fees and costs as approved by the board or court; reasonable fees are also reimbursed when the commissioner orders a carrier to pay a disputed medical bill after a hearing.