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.

You might have a case, so let’s video-chat

Have you been injured?  Do you have a question about a potential claim? Despite the COVID-19 precautions, Patch & FitzGerald is fully staffed and available for you, using the latest telecommunications options.

You may not be able to sit down in front of us in person, but videoconferencing is almost the same thing. And, rest assured that you will be chatting with one of our highly trained staff paralegals or attorneys, not a call center in the Midwest or offshore. Call Patch & FitzGerald when you need hard-fought winning results, not fluffy promises. Reach us at 603-647-2600.

Patch & FitzGerald:  Relentless Advocates, Winning Results.    

NH Supreme Court Reverses Compensation Appeal Board’s Denial in Unexplained Fall Case

APPEAL OF ELIZABETH DOODY

A panel of the New Hampshire Supreme Court reversed a finding of the state’s Compensation Appeals Board (CAB) denying a claim by an elementary school speech assistant who sustained a fractured arm in an unexplained fall at her workplace [Appeal of Doody, No 2019-0115, 2020 N.H. LEXIS 12 (Jan. 31, 2020)]. Finding that the CAB had misapplied the increased-risk test [see Larson’s Workers’ Compensation Law, § 3.03], the panel stressed that in order to prevail under the test, the claimant was required to establish that her employment either quantitatively or qualitatively increased the risk of injury. The CAB had made inadequate fact-findings, requiring a remand for further proceedings.

Facts:

The claimant had been employed by a New Hampshire school district since 1991. One of her daily duties was to supervise a locked side entrance at the beginning and end of the school day. On April 18, 2017, she fell twice while walking down a corridor toward that side entrance, first at 8:30 a.m., and again at approximately 3:00 p.m. Both falls occurred in the same location. She was not injured in the morning fall, but in the afternoon fall, she sustained a fracture to her right arm, which had to be repaired surgically.

The school district’s insurance carrier denied the claim, finding the injury had not been causally related to the employment. A hearing officer upheld the denial and the CAB affirmed, finding that the claimant failed to prove, more probably than not, either that a defect in the floor surface or door mat posed an actual risk that caused her fall, or that her unexplained fall was a neutral risk that met the increased risk test under Appeal of Margeson, 162 N.H. 273, 27 A.3d 663 (2011).

Supreme Court Panel

The panel found that the CAB, contrary to the claimant’s contentions, had applied the correct test to determine whether she had been injured as the result of a risk directly associated with the employment [my emphasis]. Here, the CAB analyzed the claimant’s assertion that the condition of the floor caused her fall; it found, however, that she had failed to prove that claim.

The panel said the CAB erred, however, in finding persuasive the employer’s argument that in order to meet her burden under the increased-risk test, the claimant had to demonstrate that she walked more at work than in her personal life or that the commercial flooring the claimant walked on at her workplace was more slippery than other types of flooring that she or the general public routinely encountered.

Increased Risk Test

This gets a bit confusing, but the panel went through the various categories of risk and explained that the category at work here was that of “neutral risks” — the sorts of risk that are neither distinctly employment-related nor distinctly personal in character [see Larson, § 4.03]. With neutral risks, one may recover for an injury if one can demonstrate that the injury resulted from a risk greater than that to which the general public is exposed.

For example, the panel cited Margeson, noting that there the neutral risk was being injured while descending a non-defective staircase. In Margeson, the court found that the act of descending a staircase at work did not, in an of itself, meet the increased risk test because it was an everyday, commonplace activity, which most people undertook on a daily basis. The court stressed in Margeson that the claimant could, however, recover if he had to use stairs more frequently than a member of the general public as part of the job, or that the stairs were an unusual height, etc.

CAB’s Findings Inadequate

The panel found that here, the CAB did not make express factual findings whether, because the claimant was required to walk the hallways more than 20 times per day (other duties unrelated to the locked door required that she do so), she walked more frequently than a member of the general public. Nor did the CAB make findings about whether the claimant was subject to an increased risk of injury because her job required her to accompany students to a special room and that she supervise the side entrance at the beginning and ending of the school day. Because the case required further fact-finding, and required the use of the appropriate increased-risk test, the panel vacated the CAB’s decision and remanded for further findings

Knowledgeable Attorneys For Your Worker’s Compensation Claim

If you have suffered from a workplace injury, you may be entitled to compensation for the cost of your missed work, medical bills, and any permanent impairment. In New Hampshire, Patch & FitzGerald are your top choice for worker’s compensation claim representation. To schedule a free consultation call 603-647-2600 or contact us online today.

Ways To Reduce Your Risk of Workplace Injuries

When you have a physical job, the probability of experiencing an injury on the job rises. Broken bones, back injuries, head injuries and more are devastating and can put your life on hold causing you to miss weeks or months of important events. Fortunately, there are ways you can prepare your body and equip yourself to reduce your risk of injury. Most of the preventative techniques we discuss here can easily be incorporated into your daily routine. 

Always Warm-Up

As soon as it’s time to get to work for the day, you should warm-up your body before doing anything else. Properly warming up your muscles prepares them for strenuous activity and makes injury less likely. Effective warm-up techniques include:

• Stretching

• Taking a short walk

• Practice expected tasks

If you know you are going to lift heavy objects throughout the day a great way to warm-up your body is to lift the smallest boxes first. By easing into a strenuous activity you slowly increase the capacity your body has to perform difficult tasks.

Know When To Rest

Working while tired is a top cause of workplace injuries that can result in serious injuries or even death. If you work more than four hours per day, you are entitled to paid breaks. When you are on break it is important to:

• Eat a small snack

• Drink plenty of fluids

• Rest your muscles

• Treat any ailments

When you take proper rest, you not only improve your physical state but your mental state as well. 

Understand Your Own Strength

Some physical jobs require you to be able to lift 50lbs. or more on a daily basis. Although lifting heavy objects or performing intense physical labor might be a job requirement, it is still imperative to know your own strength. For example, if you are fatigued, it is important to ask for help on difficult tasks or use tools that make completing the task easier. When you understand your own strength or lack thereof, you are able to work longer and more effectively without the risk of injury.

Use The Proper Equipment

Most workplaces are equipped with tools to help you complete physical tasks. Devices such as forklifts, pallet jacks, carts, dollys and more can all reduce the amount of physical force it takes to move a heavy object. The majority of workplace equipment requires training to operate but once you know how to use it safely, it can save your body from pain in the future. 

Knowledgeable Attorneys For Your Worker’s Compensation Claim

If you have suffered from a workplace injury, you may be entitled to compensation for the cost of your missed work, medical bills, and any permanent impairment. In New Hampshire, Patch & FitzGerald are your top choice for worker’s compensation claim representation. To schedule a free consultation call 603-647-2600 or contact us online today.

Checklist for Hiring a Personal Injury or Workers Compensation Attorney

Choosing an attorney to handle your personal injury case is one of the most critically important decisions you will ever make, but one that is often made at a time of terrible distress and conflicting advice.  In the hopes that you will never need to take advantage of these tips, the team at Patch & FitzGerald has compiled the following guidelines to assist you.

REPUTATION

The reputation of the law firm or attorney is of paramount importance.  You want to have an attorney who is credible, capable and able to get opposing counsel to the table with offers that reflect the reality of your damages.  You want an attorney whose reputation is one that makes opposing counsel or the insurance companies sit up and take notice.  You want an advocate, a smart, successful warrior who will fight for your best interests.

EXPERIENCE

Your best bet for good representation is an attorney with decades of experience in the field.  Not months or a few years.  You will have a significantly better outcome being represented by an experienced, smart attorney who knows how to maneuver through the system, who knows what will and won’t work.  You want a seasoned strategist leading your fight, not someone who is learning the ropes.  And that takes years of practice.

RECOGNITION, REVIEWS, AND RECOMMENDATIONS

Personal recommendations from friends, family or colleagues are always a good place to start.  But recognition of an attorney’s skills and achievements by professional legal organizations and peers are also an important indicator of skills and capabilities.  Look for notices of achievement by credible organizations such as Martindale Hubbel, Avvo, or the American Institute of Personal Injury Attorneys.  And don’t be fooled by the organizations that rate attorneys by age:  being in the “Top 50 under 40” category just means you might have potential, but don’t have experience.

CHECK FOR DISCIPLINARY ACTIONS OR TAX LIENS

An important point of evaluation should be that the attorney you are considering has not been found guilty of professional misconduct.  An easy way to check is to go to the  Attorney Discipline System page of the NH Supreme Court (nhattyreg.org) and type in the attorney’s last name. 

We also recommend that you check that there are no outstanding tax liens on the attorney or firm.  Attorneys under financial pressure from the IRS may be more likely to take a quick settlement in your case, to generate income for their office, rather than to hold out and fight for a larger settlement that could take more time and be better for you in the long run.  Because tax liens are filed at the county level, check the county where the attorney has his office, and the neighboring counties as well, since occasionally someone may practice in one county but reside in another.  IRS tax liens that are filed at the county level are public information, available online. Simply type NHDeeds.com into your browser, select the county, and click AVA search.  Just type in the last name of the attorney (s) to make sure you are dealing with someone whose first interest is in your case, not settling their own IRS matters. 

Finally, having conducted your own research, we hope you will contact us at Patch & FitzGerald (603-647-2600) and let our experience, integrity and tenacity win for you and your family. Patch & FitzGerald:  Relentless Advocates, Winning Results.

Why You Should Consider Your Work Environment When Taking OTC Medications

The common cold, headaches, backaches, congestion, and muscle pain are all a nuisance when you have to work. Not only do they impair your ability to do your job efficiently but they also make it difficult to get through the day. Most everyday ailments can easily be tended to with over the counter medications. However, before you pop a few pills on your way to work, research shows you should consider your work environment and the risks involved.

What Are Over The Counter Medications

Over the counter medications (OTC) are medications that can be purchased without a prescription from a doctor. Examples of popular OTC meds include:

• Tylenol, Advil, Motrin

• Benadryl

• NyQuil/DayQuil

• Claritin

• Robitussin

• Pepto-Bismol

• Zantac

• …and more

The common American household has a cabinet full of OTC medications and most people take them without thinking twice. In fact, some people take pain relievers such as Acetemetophin or Ibuprofin daily. The risks associated with taking OTC medications according to the directions on the bottle are few and far between. However, some environments foster side-effects that can be dangerous and even life-threatening.

Factors That Affect OTC Meds

Every work environment is unique and some work environments create conditions that foster negative effects of OTC medications. Before you take any over the counter medication at work or immediately before heading to work, you should always read the label to make sure you are not putting yourself at risk. Some common factors that affect over the counter medications include:

• Heat

• Humidity

• Extreme cold

• Exposure to chemicals

• Exposure to extreme moisture

Remember, each medication is unique and carries unique risks. Even if you have taken medicine before at home, it is in your best interest to consult a medical professional before you take it at work.

Risks of Taking Medicine on the Job

Over the counter medications can cause side effects that impair your ability to do your job correctly. Antihistamines especially can impair your ability to think clearly and limit your reflexes. Other side-effects of OTC medications that can affect your work include:

• Poor coordination

• Lapse of memory

• Loss of depth perception

• Dizziness

• Poor decision-making abilities

If your job includes driving, operating heavy machinery, moving large boxes, using mechanical equipment or extensive physical labor, you should always consult your doctor about how to treat pain and other medical ailments. An experienced medical professional will be able to educate you on the best medications for your work conditions and medical history.

Medication and Worker’s Comp Claims

If you are injured on the job while taking an over the counter medication, you should contact a trusted worker’s compensation attorney as soon as possible. Although an employer cannot deny your worker’s comp claim for taking OTC drugs while on the job, any evidence of medication will raise a red flag.

In New Hampshire, the law firm of Patch & FitzGerald is a trusted source of worker’s compensation claim representation. Attorney John B. FitzGerald was a Workers’ Compensation Hearings Officer at the New Hampshire Department of Labor before entering private practice. Patch & FitzGerald have been successfully representing clients and winning difficult Workers’ Compensation cases in New Hampshire for nearly 30 years. 

To schedule a free consultation call 603-647-2600 or contact us online today.

Taking Time Off Can Help You Avoid Workplace Accidents

How Taking Time Off Can Help You Avoid Workplace Accidents

With the holidays upon us, there’s one thing on most people’s minds—time off. According to the Bureau of Labor Statistics, a worker who has been employed for five years gets an average of 15 days off per year. Knowing when to take that time off, or whether to take it off at all is an issue many employees struggle with. However, there is evidence that taking time off can be beneficial to one’s health, improve productivity, and limit workplace accidents.

Vacation Renews Your Mind

Working the same job day after day and dealing with all of the stresses it entails takes a toll on a person’s mental health. According to the American Psychological Association, taking a vacation reduces anxiety and depression by removing a person from the environments they associate with those feelings. Even a vacation as short as 3-4 days has been known to show psychological benefits.

When a person comes back to work with a renewed mind after vacation, they are more likely to think clearly throughout the workday and focus on the tasks at hand instead of their stress and anxiety. Therefore, reducing the likelihood of workplace accidents that cause serious injuries.

Taking Time Off Heals Your Body

Whether a person has a desk job or a job that requires physical labor, working takes a toll on one’s body. For office workers, sitting too much over an extended period has been proven to cause an increase in heart-related diseases, cancer, and diabetes. Physical labor employees run the risk of workplace injuries such as broken bones, torn muscles, and overexertion.

When a person takes time off, even if it is just a short time, their bodies get a chance to recover from the everyday wear and tear of the workplace. Then, once they return to work, their bodies are healthier and less likely to experience injuries.

Remember, you are entitled to your paid time off.

In the United States, there are no federal laws that require employers to give their employees paid vacation days. In the private industry, however, more than 90% of employees receive paid time off. Once paid time off is issued, it is the employee’s right to use it and remember that when they do they will come back feeling refreshed and better than ever.

Call Patch & FitzGerald For Your Worker’s Comp Injuries

If you have been recently injured in a workplace accident and want to seek compensation for your injuries, the attorneys at Patch & FitzGerald are here for you. In New Hampshire, they are the top choice for worker’s compensation and personal injury claims. With decades of experience, they understand what it takes to win a claim and do all the work so that you can focus on what matters most, healing.

To schedule a free case evaluation, call 603-647-2600 or contact us online today.

Overexertion and Workplace Injuries

Overexertion is engaging in excessive amounts of strenuous activity. If you feel more than tired at the end of the workday and your body is suffering, you may be suffering from overexertion.

Examples of Overexertion in the Workplace

Overexertion is one of the most common reasons for worker’s compensation claims. Although it can occur in any job, it is most common in situations that require extensive amounts of physical labor. The top fields for overexertion claims include:

• Construction

• Warehouse

• Retail

• Healthcare

• Trucking

Standing or sitting for long periods, along with lifting heavy objects and performing repetitive tasks, all put workers at-risk for overexertion injuries.

Injuries Caused By Overexertion

An employer should not require you to work until your body breaks down. If they do, severe injuries can occur. The most common overexertion injuries include:

• Sprains & strains

• Back injuries

• Neck injuries

• Shoulder injuries

• Leg injuries

• Knee injuries

• Hernias

Over time, overexertion can also cause injuries such as arthritis and carpal tunnel that require ongoing treatment. As soon as you experience an injury in the workplace related to overexertion, it is in your best interest to seek the advice of an experienced workers compensation attorney and medical treatment.

Preventing Overexertion Injuries

If you work on a job that requires extensive physical activity, there are measures you can take to avoid overexertion. Many employers provide their employees with the appropriate reprieve and tools to help alleviate pressure on their bodies. If your employer does not, inquire with the HR department about obtaining the proper allowances and equipment. Here are a few tips to avoid overexertion:

• Take frequent breaks

• Practice the proper lifting techniques

• Adjust your desk or chair to be ergonomically correct

• Regularly stretch your muscles

• Get the appropriate amount of sleep

• Fuel your body with healthy foods and water during the workday

• Talk to your employer when you feel overexerted

By following these simple tips and asking your employer to implement appropriate measures to avoid overexertion, you can prevent long-term pain and suffering.

File Your Workers Compensation Claim For Overexertion

According to the National Safety Council, overexertion causes 35% of all work-related injuries and is, by far, the largest contributor to workers’ compensation costs.  It also is the #1 reason for lost workdays.

If your doctor or medical provider believes that you’ve experienced an injury from overexertion in the workplace, it is time to file a worker’s compensation claim. The right attorney will be able to walk you through the claim process and ensure you are getting the services you deserve. Negotiations for worker’s comp claims can include payment for medical bills, compensation for time off work, and plans for ongoing medical treatment and recovery.

At Patch & FitzGerald, we put our clients first.  Attorney John FitzGerald has over 30 years of experience with workers’ compensation claims. He takes time to get to know you and your situation so we can provide the best solution. For a free case evaluation, call 603-647-2600 or contact us online today.

Can I File a Workers’ Comp Claim If I Was Taking Opioids at the Time of My Accident?

Whether you are a laborer or an office worker, there are hazards in your workplace that can cause an accident. When an accident occurs at work, it is the responsibility of your employer to pay for your injuries and medical treatment. Therefore, companies are required to carry worker’s compensation insurance.

If you have recently suffered an injury at work, you are likely going through the process of filing a worker’s compensation claim. In addition to having your injuries examined by a medical professional, to file a worker’s comp claim, you must also provide a detailed report on the accident and how it happened. If you were taking opioids at the time of your accident, it is crucial to understand how that factors into your claim.

What Are Opioids?

Opioids are a medication prescribed for pain management. This classification of drug works by binding opioid receptors in the brain. Common prescription opioids include:

• Codeine

• Fentanyl

• Hydrocodone

• Methadone

• Hydromorphone

In addition to prescribed opioids, there are also common non-prescription opioids such as heroin. Typical side-effects of all opioids include constipation, low blood pressure, irregular heartbeats, and gastrointestinal issues. The most widely-known side-effect, however, is an addiction. In the United States, approximately 2 million people suffer from opioid addiction, and 130 people die every day from an opioid overdose. Due to the nature of the opioid crisis in the United States, employers and insurance companies take notice any time opioids are involved in a worker’s compensation claim.

The Impact of Opioids on Worker’s Comp Claim

Illegal or unprescribed opioids in your system at the time of an accident automatically disqualify you from filing a worker’s compensation claim. Likewise, taking prescription opioids can significantly impact whether or not your claim is approved. Studies show that opioids have adverse effects on worker’s comp claims, including:

• Employees taking prescription opioids require more recovery time before returning to work.

• Employees taking prescription opioids suffer more side-effects after an accident.

• Employees taking prescription opioids require prolonged medical treatment, such as physical therapy or rehabilitation.

• Employees taking prescription opioids often use more prescription medication benefits than those that do not.

These factors cause insurance companies and employers to spend more money on a worker’s comp claim and are a leading reason why many insurance compensation claims for people taking prescription opioids do not get approved. In such cases, the best way to get the worker’s compensation coverage you deserve is to hire an attorney with experience in the worker’s compensation claim process.

New Hampshire Workers’ Comp Law

Under RSA  281-A:14, if someone is on opioids and is injured on the job, the carrier would have an affirmative defense to try to prove that the injury was caused “in whole or in part by the intoxication.” If the carrier is successful in proving that point, the claimant cannot recover workers’ compensation benefits. The exception to this rule is if the employer was aware of the intoxication, the carrier cannot use this as a defense.

Partner With a Trusted Worker’s Compensation Attorney To File Your Claim

If you are suffering as a result of an injury you sustained at work, there’s no better time than now to file a worker’s compensation claim. The lawyers at Patch & FitzGerald have been representing the people of New Hampshire in worker’s compensation cases for over 30 years.

Call 603-647-2600 or contact us online today for your free case evaluation.  We look forward to hearing from you!

Employee vs. Private Contractor

Workers’ Compensation in New Hampshire

Workers’ compensation is a benefit designed to assist employees who sustain injuries or an illness while performing a job-related task. Following an on-the-job injury/illness, workers’ compensation typically pays the employee a portion of his or her lost income. In addition, any medical costs related to the injury/illness are also paid by the insurance.

Who is Exempt from Workers’ Compensation Coverage in New Hampshire?

The New Hampshire (N.H.) Department of Labor is responsible for enforcing the statutes that relate to workers’ compensation. While employees must be covered by workers’ compensation, independent contractors do not.

What Classifies Someone as an Independent Contractor as Opposed to an Employee?

The New Hampshire Department of Labor uses the seven factors below to determine if an individual worker must be covered under the employer’s workers’ compensation insurance. To be considered an independent contractor, all seven of the factors below must be met.

The individual must:

1. Already possess or have applied to receive a social security number or a federal employer ID number, or have agreed to complete the obligations that are required by employers under this chapter. To be valid, this agreement must be made in writing.

2. Have full control and freedom of choice in relation to the means and manner in which the work is performed. The independent contractor has full control because it is the end result of the work that the employer has bargained for, not the manner in which the work is completed.

3. Hire and pay his or her own assistants (if applicable). And, if these assistants are the contractor’s employees, supervises their work.

4. Be the one who is responsible for the project’s final result and, in the event that the results are unsatisfactory or the work is never completed, be held contractually liable.

5. Control his or her own work schedule; however, the work schedule should not interfere with the completion date of the project, the agreed-upon range of work hours and, if entertainment is the type of work being contracted, the time the entertainment will be presented.

6. Consider himself or herself to be a business owner in relation to the services being provided to the employer or is already registered with New Hampshire as a business and has recurring or continuing business obligations or liabilities.

7. Be able to work for other companies and different employers.

Understanding Workers’ Compensation Insurance Benefits in New Hampshire

All employers with any employees, even just one, who work full- or part-time, are required to provide this insurance coverage. The benefits provided must cover an employee’s hospital, medical and remedial care as it relates to his or her workplace injury/illness.

Wage Benefits:

• Temporary Total Disability Benefits (TTD) — Paid while the absent employee is recuperating from a workplace injury or illness. These benefits are equal to 60 percent of the injured employee’s gross average weekly wage (AWW). This weekly wage is subject to New Hampshire’s state maximum, which is $1,582.50 (as of 2018). Before receiving benefits, employees have a three-day waiting period. If the employee is disabled for at least 14 days, he or she will receive benefits for those initial three days. Payment continues until the employee completes treatment and returns to work or reaches maximum medical improvement (MMI).

• Temporary Partial Disability Benefits (TPD) — Paid to injured employees who are able to return to work performing a modified or light-duty position. The amount paid with TPD is 60 percent of the difference between what the employee would receive under TTD and what he or she is actually receiving while working the modified position. This benefit ends when the employee returns to work on a full-time basis or the employee reaches the maximum number of weeks allowed under New Hampshire law. Employees are eligible to receive these payments for up to 262 weeks.

• Permanent Partial Disability Benefits (PPD) — Paid to an employee when a permanent impairment results from a workplace incident. A permanent impairment would be something like an ongoing back or neck injury, or the loss of a limb. The payment amount correlates directly with the severity of the disability. PPD is determined and paid out to the employee once he or she has reached MMI. Employees receiving other workers’ compensation wage benefits are still eligible to receive PPD benefits because this is a separate amount for the permanent partial disability the employee sustained. The PPD benefits provide the employee with his or her regular weekly wage, multiplied by the number of weeks that correlate with the severity of the employee’s injury. New Hampshire allows a maximum of 350 weeks.

• Permanent Total Disability Benefits (PTD) — Paid to employees who sustain severe injuries/illnesses that lead to permanent, total disability, resulting in an inability to return to the workforce. When an employee suffers a permanent total disability, he or she receives benefits that are equal to 60 percent of his or her gross AWW. This payment amount is subject to New Hampshire’s weekly wage state maximum of $1,537.50 (as of 2017). The employee receives this payment for the duration of his or her disability.