Manchester Workers' Compensation Attorneys
Helping Injured Workers in Manchester, NH
When you are injured on the job, you may be entitled to workers' compensation benefits. These benefits can help you pay for medical expenses and lost wages while you are out of work. However, the process of filing a workers' compensation claim can be complex and confusing. At Shaheen & Gordon, P.A., our Manchester workers' compensation lawyers can help you navigate the process and fight for the benefits you are owed.
Call (603) 635-4099 or contact us online to schedule a free consultation with our team today.
What is Workers' Compensation?
In New Hampshire, most employers carry workers' compensation insurance. This insurance is designed to help employees who are injured on the job pay for medical expenses and lost wages.
Workers' compensation is a no-fault system, which means that you do not have to prove that your employer was negligent in order to recover benefits. In fact, you can still recover benefits even if your own negligence caused your injuries. The test is generally whether your injury occurred during work-related activity, and was caused by some risk you were exposed to by your employment.
What Benefits Are Available?
Workers' compensation benefits are designed to help you pay for medical expenses and lost wages while you are out of work. However, the specific benefits you are entitled to will depend on the nature and severity of your injuries.
Workers' compensation benefits may include:
- Medical Benefits: Medical benefits cover reasonable and necessary medical treatment and related expenses that result from a work-related injury or illness. This can include doctor's visits, hospitalization, surgery, prescription medications, physical therapy, and other necessary medical services. In New Hampshire, employees have the right to select their own healthcare provider for medical treatment, subject to certain conditions.
- Temporary Total Disability Benefits: Temporary total disability (TTD) benefits are provided to employees who are unable to work due to a work-related injury or illness The benefits are generally calculated as 60% of the employee's average weekly wage, subject to certain minimum and maximum limits.
- Temporary Partial Disability Benefits: Temporary partial disability (TPD) benefits are for employees who have returned to work in some capacity but at a lesser wage than before their injury. TPD benefits aim to compensate for the loss in earning capacity caused by the injury. The benefits are typically calculated as 60% of the difference between the pre-injury average weekly wage and the post-injury earning capacity.
- Diminished Earning Capacity Benefits: Diminished earning capacity (DEC) benefits are ordered payable by the Department of Labor after a hearing at which it is determined that an injured worker has the physical and mental capacity to be gainfully employed, but has not yet returned to the workforce. The benefits are typically calculated as 80% of the difference between an imputed full-time minimum wage job and the pre-injury average weekly wage.
- Death Benefits: Death benefits are available to the dependents of workers who have died as a result of a work-related injury or illness. The benefits include compensation for funeral and burial expenses and ongoing financial support for the deceased worker's dependents, such as surviving spouse, children, or other eligible family members. The amount and duration of death benefits vary depending on the individual circumstances of the case.
How Long Do I Have to File a Workers' Compensation Claim?
In New Hampshire, injured workers have two years from the date of the injury or the date they became aware of the injury's relationship to their work to report a workers' compensation injury to their employer.
What to Do After a Workplace Accident
If you are injured on the job, it is important to take the right steps to protect your health and your right to recover workers' compensation benefits. Here are some steps you should take after a workplace accident:
- Report the accident to your employer. You should report the accident to your employer as soon as possible.
- Seek medical attention. You should seek medical attention as soon as possible after the accident. Even if you do not think you are seriously injured, you should still see a doctor. Some injuries may not be immediately apparent, and a doctor can help you identify and treat these injuries.
- Follow your doctor's orders. You should follow your doctor's orders and attend all follow-up appointments. If you fail to follow your doctor's orders, the insurance company may argue that you are not as injured as you claim.
- Keep a record of your medical expenses and lost wages. You should keep a record of all your medical expenses and lost wages.
- Do not give a recorded statement. The insurance company may ask you to give a recorded statement about the accident. You should not give a recorded statement without first talking to a lawyer. The insurance company may try to use your statement against you and argue that you are not as injured as you claim.
- Do not sign anything. The insurance company may ask you to sign a medical release or a settlement agreement. You should not sign anything without first talking to a lawyer.
- Talk to a lawyer. A lawyer can help you understand your rights and options and guide you through the process of filing a workers' compensation claim. A lawyer can also help you gather evidence, negotiate with the insurance company, and represent you at hearings before the Labor Department, if necessary.
Why Choose Shaheen & Gordon, P.A.?
Whether you need assistance filing a workers' compensation claim or your initial claim was denied, Shaheen & Gordon understands what it takes to secure your entitled benefits.
Our team can help you with all aspects of your workers' compensation claim, including:
- Filing your claim
- Investigating your accident
- Gathering evidence
- Negotiating with the insurance company
- Representing you at the Labor Department, if necessary
Our team has extensive experience handling workers' compensation claims and can help you understand your rights and options. We can guide you through the process and help you make informed decisions about your case. We know how to negotiate with insurance companies and can fight to help you recover the compensation you need to make the best possible recovery from injury.
Our Manchester workers' compensation attorneys offer free initial consultations. Call (603) 635-4099 or contact us online to get started on your case today.