NH WORKERS’ COMPENSATION AT A GLANCE: INDEMNITY BENEFITS

Workers' compensation indemnity benefits refer to the money paid to an employee who has suffered an injury or illness related to their job. If you get injured on the job, you may be unable to work, and this can result in lost wages. Indemnity benefits are designed to compensate you for your lost income.

The amount of the payment of the indemnity benefits you receive will depend on the severity of your injury, the duration of your disability, and your average weekly wage at the time of your injury. 

Maximum and Minimum Compensation Rates:

Each July 1, the New Hampshire Department of Labor issues notice of the new maximum and minimum compensation rates. As of July 1, 2022, the average weekly wage and payment limits are as follows:

  • State's average weekly wage: $1,382.59

  • Minimum weekly payment: $414.78

  • Maximum weekly payment: $2,074.00

TYPES OF INDEMNITY BENEFITS:

  1. Temporary Total Disability (TTD) — Paid to workers who can't work temporarily due to a job injury or sickness. Benefits equal 60% of the worker's average pay, up to $2,074.00 per week (as of 2022). There's a three-day wait before payments start. If workers can't work for at least 14 days, they'll get paid for the first three days. Payments continue until the worker has finished treatment, returns to work, or can't improve more medically.

  2. Temporary Partial Disability (TPD) — Paid to workers who can return to work in a lighter or modified role. Benefits are 60% of the difference between the TTD payment and the newly modified job pay. Payments stop when the worker returns to work full-time or reaches the maximum weeks allowed by New Hampshire law (up to 262 weeks).

  3. Diminished Earning Capacity (DEC) – Paid to workers who are partially disabled but still have a work capacity may be eligible for benefits at the diminished earning capacity rate. Benefits are 60% of the difference between the employee's average weekly wage at the time of injury and 80% of New Hampshire's minimum wage at the time of the injury (up to 262 weeks).

  4. Permanent Impairment Award — Paid to workers with permanent partial impairments from a work accident, like ongoing back or neck issues or limb loss. A permanent impairment award is calculated and paid once the worker has achieved maximum medical improvement. Permanent impairment is calculated by the worker's average weekly wage multiplied by the number of weeks related to the injury's severity. New Hampshire allows a maximum of 350 weeks and is paid in a lump sum.

  5. Permanent Total Disability (PTD) — Paid to workers with serious injuries or illnesses that cause a lifelong total disability, making it impossible to return to work. In this case, workers get 60% of their average weekly pay, up to New Hampshire's maximum of $2,074 (as of 2022). Payments continue for the length of the disability.

You must file a workers' compensation claim with your employer's insurance company to get reimbursed for your lost wages. The claim process can be complex, and it's advisable to seek the help of an experienced workers' compensation attorney to guide you through the process.

Attorney John FitzGerald is a former Workers’ Compensation Hearing Officer at the New Hampshire Department of Labor and has successfully represented clients and won complex cases for over 35 years. Call us today at 603-647-2600 for a free consultation. We only get paid when you do!