Seasonal Employees Are Entitled To Workers’ Comp

With the holiday season here, retail and shipping companies are hiring seasonal employees to help with the increased demand. Amazon, UPS, and Target announced they were adding thousands of non-permanent positions to their distribution and fulfillment centers, including in-store workers focused on fulfilling e-commerce orders.

If you are looking to take advantage of increased employment opportunities this holiday season, there are some things you need to know to protect yourself.

The number of workplace accidents increases around the holidays. With businesses staying open longer, traffic increases, stress levels rise, and more people have a higher risk of getting injured at work.

Seasonal employees are protected by your company’s workers’ compensation insurance. New Hampshire law requires that workers’ compensation covers all employees, including part-time, temporary, and immigrant workers. It does not matter whose fault the injury was. In most cases, all seasonal employees are treated equally and can get workers’ comp benefits.

Seasonal or temporary workers can receive compensation for the following:

  • All reasonable and necessary medical bills caused by your work injury.

  • Lost Wages such as temporary total disability (TTD) benefits (after you miss more than three days of work) if you are unable to work at all.

  • Temporary partial (TP) benefits if you cannot earn the same amount of pay you were making before your disability.

  • Permanent impairment award if the injury affected your earning ability for the rest of your life.

There are additional benefits that an injured worker may be entitled under workers’ compensation.

Report Your Injury

If you are hurt while performing your “seasonal” or temporary” job duties, you must immediately report it to your employer. Please note that you only have up to two years to report workplace injuries, so it’s a good idea to report any injury as soon as possible. You should complete an accident report, such as a Notice of Accidental Injury or Occupational Disease (8aWCA, 7-2014), and give it to your employer. Make sure to keep a copy for yourself.

Daylight Savings: Workplace and Roadway Safety

Daylight Saving Time (DST) ends at 2:00 a.m. on Sunday, November 3, 2024, when most of the U.S. will turn their clocks back one hour. It may seem like you are gaining an extra hour of sleep, but this shift disrupts our circadian rhythm, which regulates essential biological processes like hormone production and sleep patterns. Even little changes in sleep can lead to fatigue, affecting your performance at work and increasing the risk of accidents on the road. Fatigue isn't something to ignore—it can have serious, even deadly, consequences.

Fatigue in the Workplace

According to the CDC, more than 49% of full-time workers report not getting enough sleep, with women being more affected (55%) than men (45%). This is especially true for those who work night shifts, long hours, or irregular schedules. Fatigued employees can pose serious risks to workplace safety. Tired workers are far more likely to make costly mistakes that lead to accidents.

Consider these key facts:

  • Safety performance drops significantly when employees are tired.

  • 62% of night shift workers experience sleep loss.

  • Fatigued workers cost employers between $1,200 and $3,100 per employee every year in lost productivity.

  • Workers on rotating shifts are at greater risk because their bodies struggle to adjust to inconsistent sleep patterns.

The Risks of Fatigue While Driving

Drowsy driving is just as dangerous as driving under the influence of alcohol. However, we’re much more likely to overlook fatigue as a risk factor when getting behind the wheel. The National Safety Council reports:

  • Fatigued drivers are three times more likely to be involved in a crash.

  • Losing just two hours of sleep has the same effect as drinking three beers.

  • Being awake for more than 20 hours is the equivalent of driving drunk.

As we head into the fall season and days get shorter, many people will adjust to driving in the dark during the evening rush hour. The CDC warns that this sudden change in lighting conditions increases the risk of crashes, as drivers may still need to adjust their habits to nighttime driving fully.

Why Sleep Matters

Sleep is essential to your overall health and well-being. Adults should aim for 7 to 9 hours of sleep per night, yet many average less than six. Chronic sleep deprivation can lead to a host of health problems, including:

  • Depression.

  • Obesity.

  • Cardiovascular disease.

  • Weakened immune systems.

Fatigue also has a significant economic impact. According to the National Safety Council, employers lose an estimated $136 billion yearly due to health-related productivity losses from tired employees.

It’s Time to Take Fatigue Seriously

Despite the severe consequences, many people receive little education on the importance of sleep and how to avoid fatigue-related dangers. Employers must address this issue by promoting awareness and implementing systems to manage workplace fatigue risks.

For most people, the effects of springing forward or falling back gradually subside over a few days or weeks. The Sleep Foundation recommends these tips to help limit the negative impacts on your sleep in the days and weeks leading to time changes.   

  • Avoid Alcohol Before Bed.

  • Establish a Consistent Sleep Routine

  • Gradually Alter Your Bedtime

  • Spend Time Outdoors.

  • Nap in moderation

  • Don’t consume caffeine too close to bedtime.

New Hampshire Workers’ Compensation: How Legal Representation Can Affect the Outcome of Your Workers' Comp Claim

Imagine this: you're diligently working at your job in New Hampshire when an unexpected injury disrupts your life. Instead of focusing on recovery, you're burdened with medical bills, lost wages, and complex paperwork. The thought of receiving compensation for your injury is daunting, and you need to figure out the process and timeline.

How Can a Lawyer Provide the Support and Guidance I Need?

When you file a workers' compensation claim, you're essentially asking your employer's insurance company to pay for your medical bills and lost wages due to your injury. This is a standard process designed to protect both you and your employer. On paper, this seems simple, but the process can be complicated. A Lawyer can help you navigate the following issues:

A lawyer doesn't just fill out the forms required by the insurance company and the Department of Labor. They ensure the workers’ compensation insurance carrier pays what is owed to you. Lawyers are well-versed in the law and can push back if your employer or the insurance company tries to deny your claim or medical care, reduce your payment, or question the seriousness of your injury.

The Numbers: How Legal Representation Affects Settlements

Studies show that people who hire lawyers for their workers' comp claims usually end up with more money. For example, workers who get legal help tend to receive about 30% more in their settlements compared to those who don't have a lawyer. A  WCRI (Workers Compensation Research Institute) study found that workers with attorneys also get 15-30% higher disability payments if they can't work for a while.

These numbers show that having a lawyer can increase your chances of getting the full amount you deserve—not just for your medical bills but also for your lost wages and any long-term care you might need.

Why Some Workers' Comp Cases Need a Lawyer 

For example, you hurt your back, lifting something heavy at work. Your employer might argue that your injury isn't work-related or it’s a pre-existing injury.  A lawyer can help you gather evidence, such as witness statements or medical records, to prove your injury is related to your job and make sure you get compensated.

In New Hampshire, workers' comp lawyers help when claims are denied or delayed. A study by ProPublica found that workers whose claims were initially denied but later got a lawyer were much more likely to win their case—and they usually received higher settlements.

Understanding New Hampshire Workers' Comp Laws

 Every state has different workers' comp rules. In New Hampshire, workers have two years from the date of injury to file a claim. However, navigating the state's workers' comp system can be tricky, especially if your injury develops over time (like repetitive stress injuries from making the same motion over and over at work).

An experienced worker’s comp lawyer in New Hampshire's laws can ensure your claim is filed correctly and on time. Their experience with the Department of Labor and medical specialists can be a significant advantage in proving your case, empowering you with knowledge and control over your situation.

The Cost of Hiring a Lawyer—And Why It's Worth It

One of the main reasons people hesitate to hire a lawyer is cost. But most workers' comp attorneys don't charge upfront fees. Instead, they work on a contingency fee basis, which means they only get paid if you win your case. In New Hampshire, a lawyer's fee is usually 20% of the settlement amount, so you don't need to worry about paying them if you lose.

Even after paying your lawyer, studies show that you'll likely still receive more money than if you didn't have one. This is because lawyers can often secure higher settlements and ensure the insurance company doesn't shortchange you.

Final Thoughts: Protect Yourself

Experiencing a workplace injury can be a life-altering event. Seeking legal assistance for your workers' comp claim is not about demanding more than you deserve - it's about standing up for your rights and ensuring you receive the full compensation. Without legal help, many workers settle for inadequate offers from insurance companies or miss out on benefits they didn't even know they were eligible for.

If you're dealing with a workplace injury in New Hampshire, it's important to understand that you don't have to navigate the system alone. Consulting with a workers' comp lawyer can give you the best chance of recovering physically and financially.

Remember, seeking legal assistance is not about demanding more than you deserve- it's about standing up for your rights and ensuring you receive the maximum compensation you're entitled to.

 

New Hampshire Expands Access to Medical Cannabis

In a significant move towards expanding patient access to medical cannabis, the governor signed two new bills into law.

The first bill, NH SB357, which takes effect on September 24, 2024, broadens the range of healthcare professionals who can recommend medical cannabis. Now, any licensed practitioner who is authorized to prescribe drugs and holds an active registration with the United States Drug Enforcement Administration (DEA) can recommend cannabis to patients. This expansion aims to provide greater flexibility for patients seeking alternative treatments for their qualifying medical conditions.

 The second bill, NH HB1278, takes a more patient-centric approach. It gives healthcare providers the discretion to recommend medical cannabis to any patient who could benefit from it, regardless of whether they have a condition currently recognized by the state. Under this law, which will take effect October 1, 2024, doctors can recommend cannabis if they believe the therapeutic benefits outweigh the potential health risks for the patient.

Although New Hampshire is the only New England state that has not legalized recreational marijuana, these new laws mark a significant step forward in making medical cannabis more accessible to those in need, reflecting a growing recognition of its potential therapeutic benefits.

New Hampshire, Connecticut, Minnesota, New Jersey, New Mexico, and New York are among six states that require workers’ comp insurance carriers to reimburse medical marijuana.

The law firm of Patch & FitzGerald focuses on Personal Injury and Workers’ Compensation cases.  If you, or anyone you know, needs assistance, please do not hesitate to call us at 603-647-2600 or contact us online.  Always a free consultation!

Understanding The NH Department of Labor’s Second Injury Fund: A Guide for Employers

In the landscape of workers' compensation, New Hampshire's Second Injury Fund stands out as a significant provision for employers. This innovative program is designed to encourage hiring workers with pre-existing impairments by offering a way to limit compensation costs in specific situations. Here's what employers need to know about this fund and how it can impact their business.

What is the Second Injury Fund?

The Second Injury Fund in New Hampshire is a unique mechanism that helps employers manage the potential extra costs associated with workers who have pre-existing impairments. If an employee with a known impairment suffers a workplace injury, resulting in more significant disability than it would for a non-impaired worker, the Fund steps in. This approach levels the playing field, ensuring employers are not dissuaded from hiring workers with disabilities due to fear of higher compensation costs.

The Importance of the Fund

The core intent of the Second Injury Fund is twofold:

  1. Equalization of Compensation Costs: It aims to equalize the compensation costs for impaired and non-impaired workers, making the employment of impaired workers more appealing and fairer.

  2. Employment Opportunity for Impaired Workers: Removing financial disincentives opens up more employment opportunities for individuals with disabilities, ensuring they aren’t unfairly excluded from the workforce.

Key Steps for Employers

Employers play a crucial role in this process. Here’s what they need to do:

1. Documentation at the Time of Hire: When you hire an employee or as soon as you become aware of their impairment, make a written note of it. This documentation is crucial and can take various forms, such as a physical examination report, a memo in the personnel file, interview notes, or a letter from a rehabilitation counselor. The critical elements of this documentation should include the following:

  • The information must be recorded in writing.

  • The record should clearly identify the employer, employee, and the record's creation date.

  • It must detail the worker's impairment and the limitations it imposes.

2. Future Claims and Reimbursement: If the impaired worker later suffers a severe disability due to a work-related injury, your insurance company will initiate a claim with the Second Injury Fund. They will ask you for a copy of the impairment record. If this record is unavailable, the claim may not be eligible for reimbursement from the Fund.

The Bottom Line

New Hampshire's Second Injury Fund is a powerful tool for employers, balancing the scales in the employment of impaired workers. By adequately documenting an employee's pre-existing impairment, employers can safeguard themselves against increased compensation costs and contribute to a more inclusive workplace. It's a win-win situation, promoting diversity in the workforce while managing financial risks effectively.

IRS INCREASES STANDARD MILEAGE RATES FOR 2024 TO 67 CENTS PER MILE

Effective January 1, 2024, the standard mileage reimbursement rate for transportation expenses as set by the IRS has increased to 67 cents per mile (up from 1.5 cents in 2023). This new rate applies to reimbursement payable under RSA 281-A: 23 Medical, Hospital & Remedial Care. The New Hampshire Department of Labor generally adjusts this rate on January 1 of each year.

Workers’ Compensation Carriers should use this rate to reimburse eligible Workers’ Compensation travel expenses incurred on or after January 1, 2024.

Below are the mileage rates for the past ten years.

 1/1/2014 - 12/31/2014: 56

 1/1/2015 - 12/31/2015: 57.5

 1/1/2016 - 12/31/2016: 54

 1/1/2017 - 12/31/2017: 53.5

 1/1/2018 - 12/31/2018: 54.5

 1/1/2019 - 12/31/2019: 58

 1/1/2020 - 12/31/2020: 57.5

 1/1/2021 - 12/31/2021: 56

 1/1/2022 - 12/31/2022: 58.5

 1/1/2023 - 12/31/2023: 65.5

Will The Insurance Company Hire a Private Investigator to Deny My Claim?

The Role of Private Investigators in Workers’ Compensation and Persona Injury Cases

It isn’t uncommon for insurance companies to employ private investigators. This practice often surprises many claimants, but it is a standard procedure for insurers looking to protect against fraudulent claims. Understanding the role of these investigators can help you navigate your case more effectively.

Private detectives and investigators are involved in various legal, financial, and personal investigations. They employ different methods to uncover facts, including surveillance, online and public record searches, conducting interviews, and collecting client evidence. They often collaborate with attorneys and businesses to assist in various cases, including personal injury and workers’ compensation.

Why Do Insurance Companies Hire Private Investigators?

  1. Verifying Claim Details: Insurers aim to ensure the validity of a claim. Investigators are tasked with verifying the extent of the injuries and the circumstances under which they occurred.

  2. Preventing Fraud: Insurance fraud is a significant concern. By employing investigators, insurance companies aim to uncover any dishonesty in the claims process, such as exaggerated injuries or fabricated incidents.

  3. Gathering Evidence: Investigators gather evidence that might contradict a claimant's account. This could include surveillance footage, interviews with witnesses, or social media monitoring.

What Can Private Investigators Legally Do?

  1. Surveillance: Investigators can observe and record your public activities. This might include taking photographs or videos when you are in public spaces.

  2. Social Media Monitoring: They can review your public social media profiles to gather information about your activities and lifestyle.

  3. Background Checks: Investigators may conduct background checks to uncover past incidents or claims relevant to the current case.

  4. Interviewing Acquaintances: They can approach your friends, neighbors, or coworkers to gather information about your daily activities and health status.

What Are the Legal Limitations?

  1. Privacy: Private investigators must adhere to privacy laws. They cannot trespass on private property, use illegal methods to gather information or harass you.

  2. Misrepresentation: They cannot misrepresent themselves or their intentions when gathering information.

How to Protect Yourself

  1. Be Aware of Your Public Presence: Assume you are being watched and act accordingly, especially in public spaces.

  2. Stay Consistent with Your Claims: Ensure your actions do not contradict your reported injuries and limitations.

  3. Privacy Settings: Review and adjust your social media privacy settings, and be cautious about what you post online.

  4. Consult Your Attorney: If you suspect you're being investigated, discuss it with your personal injury attorney. They can guide and advise on legally protecting yourself and your claim.

The U.S. Bureau of Labor Statistics reports that as of 2022, there were about 38,300 jobs held by private detectives and investigators, with an expected job growth of 6% from 2022 to 2032. This growth indicates a continuing demand for their services in various sectors, including personal injury cases.

Using private investigators by insurance companies is a strategy to validate claims and prevent fraud. While it may seem intrusive, understanding their role and limitations can help you navigate your case more effectively. Staying informed and consulting with your attorney are your best defenses to protect your rights.

The law firm of Patch & FitzGerald focuses on Personal Injury and Workers’ Compensation cases.  If you, or anyone you know, needs assistance, please do not hesitate to call us at 603-647-2600 or contact us online.  Always a free consultation!

 

 

December 4 Starts Senior Sriving Safety Week

December 4-8, 2023, is Older Driver Safety Awareness Week. As we mark the beginning of Older Driver Safety Awareness Week, we must highlight the growing demographic of older drivers and their unique challenges on the road. Recent statistics from the CDC provide insight into older drivers' realities, emphasizing the importance of safety measures and awareness.

The Rising Number of Older Drivers: According to the CDC, in 2020, the United States had nearly 48 million licensed drivers aged 65 and older. This represents a significant 68% increase since 2000. Driving offers older adults essential mobility and independence, but it comes with increased risks.

Understanding the Risks: The data shows a concerning trend: the risk of injury or fatality in traffic incidents escalates with age. In 2020, approximately 7,500 older adults were tragically killed in traffic crashes, with nearly 200,000 treated for crash injuries. This translates to 20 older adults killed and about 540 injured daily in crashes.

The Safest Drivers: Interestingly, drivers between 60 and 69 are statistically safer than any other age group. This trend suggests that people generally become safer drivers as they age, reaching their peak driving safety in their 60s. However, entering the 70s, health conditions often interfere with driving abilities, increasing the risks of accidents.

Key Risk Factors:

  • Increased Vulnerability with Age: Drivers aged 70 and above have higher crash death rates per 1,000 crashes compared to middle-aged drivers (35-54 years). This higher rate is primarily due to their increased vulnerability to injury in a crash.

  • Gender Disparity: Across all ages, male drivers have significantly higher crash death rates than female drivers.

  • Impact of Age-Related Changes: Factors like vision impairment, physical functioning changes, and reasoning and memory challenges can affect older adults' driving abilities. Additionally, certain diseases and medications might also impact their driving skills.

Staying Safe on the Road: Older drivers need to recognize these risks and take proactive steps to ensure their safety and that of others on the road. Regular health check-ups, understanding the effects of medications, and being open to discussions about driving abilities can help older adults navigate these challenges.

Patch & FitzGerald is committed to raising awareness about the safety of older drivers. We believe in empowering them with the knowledge and resources to continue driving safely. As we observe Older Driver Safety Awareness Week, let's all pledge to support the older drivers in our communities, helping them maintain their independence while prioritizing road safety.

The law firm of Patch & FitzGerald focuses on Personal Injury and Workers’ Compensation cases.  If you, or anyone you know, needs assistance, please do not hesitate to call us at 603-647-2600 or contact us online.  Always a free consultation!

 

 

 

Navigating the Holidays Safely: Essential Driving Tips

The holiday season is an increased travel time, with millions hitting the roads to visit family and friends. However, it also brings unique driving challenges and risks. According to the National Highway Traffic Safety Administration (NHTSA), the period between Thanksgiving and New Year's Day sees a significant spike in road accidents. This blog aims to equip you with essential tips for safe driving during this busy time.

1. Plan Your Route:

Statistics show that a well-planned route can reduce your chances of encountering traffic jams and road closures. Before heading out, check traffic updates and weather forecasts.

2. Avoid Peak Travel Times:

Travel during off-peak hours to avoid the rush. The American Automobile Association (AAA) reports that roads are busiest in the days leading up to major holidays. Traveling during less congested times can lower your risk of accidents.

3. Stay Alert and Sober:

The NHTSA reports that drunk-driving crashes claim more than 10,000 lives per year. Ensure you're well-rested before a long drive, and never drink and drive.

4. Be Mindful of Weather Conditions:

Winter conditions contribute to more than 1,300 deaths and 116,800 injuries due to vehicle crashes annually, according to the Federal Highway Administration. Drive cautiously in adverse weather.

5. Keep Your Vehicle Well-Maintained:

Poor vehicle maintenance contributes to thousands of crashes yearly. Regular checks and maintenance are essential, especially before long trips.

6. Stay Calm and Patient:

Research indicates that aggressive driving plays a role in over half of all fatal crashes. Stay calm and patient, especially in heavy holiday traffic.

7. Respect Traffic Laws:

Following traffic laws is crucial. The Insurance Institute for Highway Safety (IIHS) notes that seat belts saved nearly 15,000 lives in one recent year.

8. Be Cautious in Parking Lots:

Parking lots are more chaotic during the holidays. The National Safety Council reports that tens of thousands of crashes occur yearly in parking lots.

Increased holiday traffic makes your commitment to safe driving more critical than ever. Being prepared, alert, and patient can help ensure a safer holiday season for everyone on the road. Let's make safety our top priority this festive season.

The law firm of Patch & FitzGerald focuses on Personal Injury and Workers’ Compensation cases.  If you, or anyone you know, needs assistance, please do not hesitate to call us at 603-647-2600 or contact us online.  Always a free consultation!