Workers Compensation in New Hampshire

Posted December 6th, 2018 by Jason Metz

New Hampshire requires all businesses to have workers comp for employees, with only a few exceptions.

Workmans comp insurance generally pays a portion of a worker's lost income and their medical bills if they are injured while doing a job-related task. Workers comp can cover a range of problems such as broken bones, muscle injuries and breathing problems.

New Hampshire workers compensation law details the limits of workers comp payments as well as who must be covered and who can be exempt from coverage. Below are many of the specifics contained in the workers comp law in New Hampshire. The New Hampshire Department of Labor Workers Compensation Division also has a page with helpful information for employers.

Employees covered under New Hampshire workers compensation laws

Can any employees opt out of New Hampshire workers compensation with a waiver?

Yes - corporate officers and sole proprietors can.

Is self-insurance for workers comp allowed in New Hampshire?

Yes, for individual employers and groups of employers.

By self-insuring, a business assumes responsibility for paying their own workers comp claims. A self-insured company typically hires a claims service company to handle claims administration and other services.

Are there exclusions for:

Small employers? No.

Agricultural employers? No.

Domestic employers? No.

Independent contractors? Yes.

Casual employees? No.

Volunteers? No.

Professional athletes? No.

New Hampshire workers comp medical benefits

Is there a New Hampshire workers comp fee schedule?


Fee schedules define payments for surgery, radiology, hospital services, chiropractic care, ambulance service, prescription drugs and other medical services for an injured worker.

Are there limits on medical treatment?


Who makes the initial choice of treating physician?

The employee, from within the employer's managed care plan.

Disability payments for workers in New Hampshire

Workers comp typically pays a worker part of their lost income if they cannot work as a result of a job-related injury. Based on both permanent and temporary disability, state laws specify the limits on disability payment amounts and length.

How are temporary total disability (TTD) payments calculated?

60% of the employee's pre-injury wage, subject to a minimum and maximum.

Weekly minimum: $293.70

Weekly maximum: $1,468.50

Maximum length of TDD benefits: For the duration of the total disability.

How are permanent total disability (PTD) payments calculated?

60% of the employee's pre-injury wage, subject to a minimum and maximum.

Weekly minimum: $293.70

Weekly maximum: $1,468.50

Are there cost of living increases for PTD payments? Yes, after three years from Department of Insurance and if denial of social security benefits, benefits are increased each July 1st.

Maximum length of PTD benefits: Payable for the length of disability and may be for life.

How are permanent partial disability (PPD) payments calculated?

60% of the employee's average weekly wage (AWW) multiplied by number of weeks for scheduled body part percentage.

Weekly minimum: $293.70

Weekly maximum: $1,468.50

Fatality benefits under New Hampshire workers compensation law

Maximum burial benefit: $10,000

Dependency benefits, weekly minimum / maximum: $293 / $1,468.50

When do children's dependency benefits end? At age 18; age 22 if the child is a student; benefits can continue if child is disabled.

Other injuries covered by New Hampshire workers compensation

Mental stress with no physical injury? Yes, there must be a physical manifestation of stress.

Cumulative trauma (such as injuries caused by repeated exposure or repetitive motion)? Yes.

Occupational hearing loss? Yes.

Disfigurement? Yes, disfigurement must be caused by burns.

Source: Workers Compensation Research Institute, May 2016 report