New Hampshire Workers' Comp Settlements

How Workers' Comp Works in New Hampshire

New Hampshire's workers' compensation system is administered by the New Hampshire Department of Labor, Workers' Compensation Division, under state statute RSA 281-A. If you're hurt on the job, you're generally entitled to medical care, weekly wage-replacement benefits while you recover, and — if the injury leaves a lasting impairment — a permanent impairment award on top of those benefits. Here's what that looks like in plain terms, with the figures that apply in 2026.

Weekly Indemnity Benefits: What You're Paid While You Heal

While you can't work, New Hampshire pays weekly indemnity (wage-replacement) benefits. For injuries on or after February 8, 1994, the compensation rate is 60% of your average weekly wage, but in no event more than 100% of your after-tax earnings. Your average weekly wage is generally figured from your gross earnings over the 26 weeks before the injury (you can request up to 52 weeks if that's more favorable). The benefit is also capped at a state maximum that resets every July 1, so the exact ceiling depends on your date of injury.

Permanent Impairment and Settlements

If your doctor decides you've reached a medical endpoint and you're left with a permanent loss of use of a body part, New Hampshire pays a permanent impairment award under RSA 281-A:32. This is a separate, distinct benefit paid in addition to your weekly compensation and medical benefits. The award uses a scheduled number of weeks for each body part (or a 350-week whole-person schedule for multiple losses or spinal injuries), with impairment measured under the AMA Guides to the Evaluation of Permanent Impairment, 5th edition. The basic formula is straightforward:

• Percentage of loss × the scheduled weeks for that body part = number of weeks payable.
• That number of weeks × your compensation rate = the total award.
• The full award is paid in a single lump-sum payment.

Many New Hampshire claims are ultimately resolved through a negotiated lump-sum settlement that may close out some or all future benefits. Whether a lump sum is in your interest depends on your impairment rating, your future medical needs, and whether the claim is disputed — once future medical care is closed, that risk shifts to you.

The Doctor Question in New Hampshire

Unlike some states that funnel you into an employer's network, New Hampshire generally lets an injured worker choose their own treating physician. That's a meaningful advantage, but the treating doctor's opinion still drives your impairment rating and your benefits, so choosing carefully and keeping thorough records matters. One New Hampshire quirk worth knowing: if you're still receiving total disability benefits on the third anniversary of your injury, have been denied Social Security benefits, and are receiving less than 60% of the current state average weekly wage, you may qualify for a cost-of-living adjustment under RSA 281-A:29.

Deadlines You Can't Miss

Under RSA 281-A:19, you must give notice of your injury to your employer within two years of the date of injury, and you must file a claim for benefits within three years of the date of injury — or the date you knew or should have known the injury was work-related. Those windows are longer than in many states, but reporting promptly protects your claim and avoids fights over whether the injury was truly work-related. Waiting is risky, and missing a deadline can bar your claim entirely.

Frequently Asked Questions