Title XXIII, Labor

The employer shall not be liable for any injury to a worker which is caused in whole or in part by the intoxication, as defined in RSA 281-A:2, XII-a, or by the serious and willful misconduct of the worker. The provision as to intoxication shall not apply, however, if the employe…

I. Except as provided in paragraphs II and III of this section and of RSA 281-A:32 and subject to RSA 281-A:28, 281-A:28-a and RSA 281-A:31-a, but including those persons under RSA 281-A:15, II-a, an average weekly wage shall be computed by using the method in subparagraph (a) or…

For the purpose of determining the date of injury for an occupational disease, the date of injury shall be taken to be the last date of injurious exposure to the hazards of such disease or the date on which the employee first knew or reasonably should have known of the condition …

I. Notwithstanding the provisions of RSA 281-A:2, XI and XIII, 16 and 27, there shall exist a prima facie presumption that heart or lung disease in a regular, call, volunteer or retired member of a fire department is occupationally related. However: (a) A call or volunteer firefi…

I. Notwithstanding RSA 281-A:2, XI and XIII, and RSA 281-A:27, there shall be a prima facie presumption that acute stress disorder and post-traumatic stress disorder in an emergency responder, as defined in RSA 281-A:2, V-c are occupationally caused. II. For purposes of this sect…

I. (a) There is reestablished the commission to study the incidence of post-traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation. Notwithstanding RSA 14:49, II(c), the members of the commission shall be as follows: …

If an emergency response/public safety worker, as defined in RSA 281-A:2, V-c, petitions for hearing in response to a memorandum of denial filed under RSA 281-A:42, I(b) related to any claim of injury to which a prima facie presumption applies: I. The employer shall maintain any …

There is established a first responders support fund, which shall be administered by the department of health and human services. This fund shall be used for costs incurred to enroll and administer volunteer first responders and full-time first responders from towns with 5 or few…

I. Volunteer first responders and full-time first responders from towns with 5 or fewer full-time, paid first responders shall be eligible for the employee assistance program for small communities. II. The department of health and human services shall ensure that these first resp…

A contractor who subcontracts all or any part of a contract shall bear the liability of the subcontractor of that contract for the payment of compensation under this chapter to the employees of the subcontractor, unless the subcontractor has secured the payment of compensation as…

I. Any corporation or limited liability company may elect to exclude up to 3 executive officers or members from the compulsive coverage requirements under this chapter. II. The commissioner shall adopt rules under RSA 541-A relative to the filing of such an exclusion. III. No exc…

Claims for benefits under this chapter shall be barred unless notice of injury is given to the employer within 2 years from the date of the injury; provided, however, that if the nature of the injury and its possible relationship to the employment are not known to the employee, t…

Any word or phrase defined in this section shall have the same meaning throughout RSA 281-A, unless the context clearly requires otherwise: I. "Call or volunteer firefighter" means a firefighter who is not regularly employed by a fire department of any city, town or precinct in t…

Notice of injury in writing on a form prescribed by the commissioner shall apprise the employer of the injury and shall state the name and address of the worker injured and the date and place of the accident. The employee shall execute the notice in duplicate and sign both copies…

The employee may serve the notice personally or send it by certified mail addressed to the employer at the employer's last known residence or place of business.

Compensation for disability, rehabilitation, medical benefits, or death benefits under this chapter shall be barred unless a claim is filed within 3 years after the date of injury; provided, however, that if the nature of the injury and its possible relationship to the employment…

Proceedings and records of the department of labor and the compensation appeals board with respect to workers' compensation claims under RSA 281-A shall be exempt from RSA 91-A. Nothing in this section shall prohibit the department of labor or the compensation appeals board from …

An employer subject to this chapter, or the employer's insurance carrier, shall pay workers' compensation to an employee sustaining a personal injury during a period of total or partial disability, but not for the first 3 days of disability unless the disability continues for 14 …

I. An employer subject to this chapter, or the employer's insurance carrier, shall furnish or cause to be furnished to an injured employee reasonable medical, surgical, and hospital services, remedial care, nursing, medicines, and mechanical and surgical aids for such period as t…

I. An employer, employer's insurance carrier or self-insurer that is subject to the provisions of this chapter may satisfy the requirements and provisions of RSA 281-A:23 and the employee's rights under that section by providing a managed care program which has been approved by t…

All employers with 5 or more employees shall develop temporary alternative work opportunities for injured employees. If the employee fails to accept temporary alternative work, the employer may petition the commissioner pursuant to RSA 281-A:48, to reduce or end compensation. Not…

I. (a) The employer or the employer's insurance carrier shall pay the reasonable value of medical services provided under this chapter. (b) The health care provider shall have the burden of establishing that its bill for services is reasonable. (c) Effort shall be made to resolve…

I. If, as a result of an injury covered by this chapter, an employee is unable to perform work for which he or she has previous training or experience, the employee shall be entitled to such vocational rehabilitation services, including retraining and job placement, as may be rea…

I. An employee of an employer who employs 5 or more employees, who has sustained an injury, shall be reinstated by the employer to the employee's former position of employment upon request for such reinstatement, if the position exists and is available and the employee is not dis…

If death results from an injury, weekly compensation shall be paid to the dependents of the deceased employee in an amount provided by the compensation schedule in RSA 281-A:28 as follows: I. In all cases in which compensation is payable to a widow or widower for the benefit of h…

The total amount of benefit in case of a death shall not exceed the balance remaining between the amounts paid for disability and the total compensation payable under this chapter.

An employer subject to this chapter, or the employer's insurance carrier, shall pay workers' compensation to an employee sustaining a personal injury which is totally disabling, but temporary in nature, and the employee is unable to return to work, but has not achieved maximum me…

In case of total disability where the employee is unable to engage in gainful employment and the employee has reached maximum medical improvement, permanent benefits shall be payable to the employee during the continuance of such total disability, as follows: I. If an employee's …

For all compensable injuries occurring on or after July 1, 1963, for which total disability continues, except those injuries for which the employee is entitled to benefits under the federal Social Security Act, as amended, the injured employee shall be entitled to an adjustment i…

Any employer, not subject to the provisions of this chapter, may accept its provisions by purchasing valid workers' compensation insurance applicable to the employment. Such employer shall thereafter be liable to all employees in the same manner as subject employers during the pe…

Notwithstanding any provision of law to the contrary, an employee who has become incarcerated pursuant to a conviction shall forfeit any right to workers' compensation indemnity benefits 30 days after incarceration for the remaining period of incarceration.

If the disability for work resulting from an injury is partial, and the employee is able to work but has not yet reached maximum medical improvement, the employer, or the employer's insurance carrier, during such disability, but not for the first 3 days of disability unless the d…

Where the disability for work resulting from an injury is permanent but partial in nature, the employee has reached maximum medical improvement, is able to return to work, and there is an impairment in accordance with the "Guides to the Evaluation of Permanent Impairment" publish…

I. Basic Award. Except when death results from injury, in addition to other benefits payable under this chapter, an award shall be paid to employees in amounts provided by RSA 281-A:28 for the number of weeks set forth in this section for permanent bodily loss or losses: (a) Tota…

I. In addition to other payments made under RSA 281-A, a group II retirement system member may request additional compensation under this section. If the impairment to a group II retirement system member resulting from an injury is partial, with a determination by the department …

Any employer who is liable for the compensation provided by any or all of RSA 281-A:26, 28, 31, or 32 shall, upon being found in violation of any provision of either or both RSA 277 and RSA 276-A, insofar as the latter chapter deals with prohibiting hazardous occupations for yout…

In no case, except as provided in RSA 281-A:31, 32, or 33, shall the weekly compensation payable under this chapter exceed the benefits set forth in RSA 281-A:28.

Payments made by an employer, or the employer's insurance carrier, to an injured employee during the period of the employee's disability, or to the dependents of such employee, which, by the provisions of this chapter, were not due and payable when made, may, subject to the appro…

No savings or insurance of the injured employee independent of this chapter shall be taken into consideration in determining the compensation to be paid under this chapter, nor shall benefits derived from any source other than the employer be considered in fixing the compensation…

I. Where there has been a determination of compensability by the employer, the employer's insurance carrier, the commissioner, the commissioner's designated representative or the board, in cases where there have been at least 12 months of continuous disability, or where the best …

I. Any employee entitled to receive weekly payments or medical benefits under this chapter shall, if requested by the employer or ordered by the commissioner, submit himself or herself for examination by a duly qualified health care provider, in accordance with professional stand…

If an injured employee who is covered by a managed care program established in accordance with RSA 281-A:23-a is dissatisfied with a determination made by such program relating to compensability, degree of disability or degree of impairment arising from an injury, the injured emp…

If the employee refuses to submit to an examination as provided in RSA 281-A:38 or obstructs that examination, the employee's right to weekly payments shall be suspended until such examination has taken place; and no compensation shall be payable during or for such period. If med…

Every employer subject to this chapter, or who elects to accept its provisions, shall keep posted in a conspicuous place upon the premises a notice that the employer is working under the provisions of RSA 281-A. If any employer fails to post such notice or to keep it posted, such…

I. Within 30 days following a written request from the commissioner, any building or construction industry contractor, subcontractor, or independent contractor engaged in the nonresidential building or construction industry shall deliver to the commissioner a workers' compensatio…