Legal Question in Workers Comp in New Hampshire

Workmen's Compensation Coverage

I am a state employee. While on business for my office (at a meeting outside my department's location) I took a fall which resulted in my being injured. The injury was reported to my office and to the workmen's compensation office.

I just received verbal notification from the case manager at the workmen's comp office that the claim has been ''denied.'' The reason stated for the denial was that such a fall could have occurred anywhere/anytime and it was deemed to be non-work related.

Could you provide me some insight and/or further clarification regarding this matter?

At this time, I have been out of work for over a week and would appreciate any information you are able to provide to me. I was advised that I could file an appeal of the decsion within 21 days of their determination.


Asked on 3/23/07, 2:35 pm

2 Answers from Attorneys

Roy Weddleton Granite Law

Re: Workmen's Compensation Coverage

Thank you for your inquiry concerning New Hampshire workers' compensation law.

The State of New Hampshire and its employees are subject to the same workers' compensation law as private employers, RSA 281-A. If your injuries arouse out of and in the course of your employment, you should be entitled to medical benefits and also wage replacement, 60% of your average weekly wage, and other possible benefits.

If you are denied benefits, you have the right to request a hearing at the New Hampshire Labor Department to contest the denial.

If you would like to explore this matter further, and discuss terms of representation, please contact me, Attorney Michael Gfroerer, at [email protected].

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Answered on 4/03/07, 8:54 am
Martin Jenkins Martin Jenkins PLLC

Re: Workmen's Compensation Coverage

First, as to the law, it does not matter if you might have sustained the same type of injury off the job. (That is true of almost any injury you can think of.) The only question is whether you sustained an injury arising out of and during the course of employment. If so, you are covered.

Second, the procedure. Any dispute can be presented to the State Department of Labor. You have longer than 21 days to file a claim, and in any case you should get a written decision if there is a denial. You should press the �case manager� for proper documentation so you can present the matter to the DOL for a determination.

In the meanwhile, you should do two things. First, seek out any appropriate medical attention. Second, keep a diary or log of what happened when (starting from the day of the injury) so that you can remember important details in the correct order.

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Answered on 4/03/07, 9:08 am


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