Legal Question in Workers Comp in New Hampshire

On the job injury in 1995 - permanent disability

I herniated a lower back disk in 1995 on the job, I was in therapy for 6 months and then it was deemed a permanent disability. I never received any compensation from the company I worked for (I did receive partial wages while I was out of work). The injury caused me to have to find another line of work as I could no longer do the work required at the original job and limitations in what I can do and lift. I also still have pain with certain movements and cannot lift over 20 pounds. I no longer work at that company. Am I entitled to compensation for the disability?


Asked on 4/19/04, 5:52 pm

1 Answer from Attorneys
Martin Jenkins Martin Jenkins PLLC

Re: On the job injury in 1995 - permanent disability

Yes, almost certainly. I assume your situation is governed by NH law (that you worked here or were hired here) and the situation is as you describe.

You apparently have a permanent partial impairment to your spine, which has been a separate compensable event since a 1989 change in the law. However, your situation is tricky because it has been so long since you actually received any benefits. It may turn on the medical question of exactly when your impairment was deemed "permanent".

As with most legal questions, a detailed answer can only be given after a detailed discussion. Call me if you want.

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Answered on 4/21/04, 10:04 am


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