Claims Kit

Posting Requirements  281-A:4  281-A: 57  281-A: 57-a

Every employer must keep a notice of a worker's rights and protections under the Workers' Compensation Law posted in a conspicuous place upon their premises. Statute does not, however, provide specific formatting or content requirements. Employers would be well-served by ensuring that the notice includes instructions for how a worker should go about reporting a potential work-related injury or illness to their employer.

If any employer fails to post or keep the notice posted they may be found guilty of a violation for each day of the failure. However, this does not apply to employers who only employ domestic workers or laborers. Neither statute nor rule provides the financial total for any such violations.

Physician Selection  281-A:23 (I)  281-A:23-a

The injured employee has the right to select their own treating physician. They have and maintain medical control throughout the life of their claim.

However, the employee must choose from a network provider if the employer has instituted an approved managed care program. The employee is entitled to a second medical opinion inside or outside the program if they desire confirmation of the applicable work-related diagnosis or the proper course of treatment.

A worker's medical control as above does not preclude either party--the worker or the employer/insurer--having the ability to seek out an Independent Medical Examination. See the Independent Medical Evaluations and Expert Medical Advisors section for additional related commentary.

Reporting of Claim by Employer  281-A:53

Time for Reporting

The employer must report any injury or illness sustained by an employee in the course of employment as soon as possible. This must be reported no later than 5 days after the employer learns of the occurrence of the injury or illness. 

If an injury results in a disability lasting more than 3 days the employer must file a supplemental report giving notice of the disability as soon as possible. This must be submitted no later than 7 days after the injury. 

Fatalities  Lab 1403.04

The employer must report any work-related accidents causing a fatality to one or more employees to the commissioner within 8 hours of its occurrence. Notification may be made by telephone by calling (603) 271-0127 or (603) 271-6850 or via e-mail at SafetyDiv@dol.nh.gov.

Method of Reporting

Beginning July 1, 2006, the New Hampshire Department of Labor (DoL) began accepting Employer's First Report of Occupational Injury or Disease (8WC) via EDI. Legislation mandated the reporting of all workers claims via EDI thereafter. The commissioner may grant an insurance carrier or self-insured employer an exception to this rule--allowing for submission of printed materials--if the carrier or self-insured employer establishes to the commissioner that electronic compliance would cause the carrier or self-insured employer difficulty or expense. 

Penalties for Late Reporting  281.A:53 (I)

The commissioner will assess a civil penalty of up to $2,500 when an employer or insurer fails to file an Employer's First Report of Occupational Injury or Disease (8WC).

Any employer who is found to have discouraged employees from reporting an injury to their employer may be subject to a civil penalty of up to $2,500 per violation. 

See Other Reporting Requirements for additional related commentary.