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State Guide · New Hampshire

New Hampshire workers' compensation — your doctor, sixty percent, and time to breathe.

New Hampshire gives workers unusually long clocks — two years to give notice, three to file — and generally lets you choose your own doctor. The trade: a 60% wage formula instead of the two-thirds most states pay, which makes auditing the wage underneath it worth real money.

Reviewed August 2026 10 min read Educational information — not legal advice

How the New Hampshire system works

Nearly all New Hampshire employers must carry coverage, overseen by the NH Department of Labor, which runs an accessible hearing system: disputes go to a Department hearing officer quickly, with appeals to the Compensation Appeals Board. Insurers must respond to claims promptly — a denial has to come with reasons — and the Department's staff answer worker questions directly.

Every deadline that matters

WhatDeadlineWhy it matters
Notice to your employer2 yearsAmong America's longest — but every rule of evidence still favors same-day written notice. Use the length as forgiveness, not strategy.
File a claim3 years from the injuryThe formal claim with the Department protects everything the long notice window doesn't.
Insurer decision21 days (their deadline)Once on notice, the carrier must accept or deny within three weeks — silence is a violation worth reporting to the Department.

Doctor choice

Generally yours — network caveat

New Hampshire workers generally choose their own treating doctor. If the employer's carrier runs an approved managed care program, your choice lives within its network — with the usual exceptions for emergencies and referrals. Either way, the treating doctor's records drive your checks and your permanency, so choose one who documents thoroughly.

The benefits — and the 60% formula

BenefitWhat it pays
Medical careAll reasonable and necessary treatment.
Temporary Total60% of your average weekly wage within state caps — lower than most states' two-thirds, which makes the AWW calculation worth auditing (overtime, second jobs, and seasonal patterns count).
Diminished earning capacityPartial benefits when you're back at lower-paying work.
Permanent impairment awardA separate scheduled award for lasting impairment of listed body parts — payable even after you're back at work.
Death benefitsSurvivor percentages plus burial expenses.
Reinstatement rights — NH's quiet protection

New Hampshire gives many injured workers a right to reinstatement to their former position when able to return within a protected period — a job-protection rule most states lack. If your employer moves to replace you while you recover, raise the reinstatement statute with the Department before assuming it's legal.

How New Hampshire disputes get resolved

  1. 1

    Department hearing request

    A simple request gets a hearing officer — comparatively fast, informal, and free.

  2. 2

    Compensation Appeals Board

    A three-member panel rehears appealed cases.

  3. 3

    Courts

    Further appeal to the NH Supreme Court. Lump-sum settlements need Department approval.

Free official help

  • NH Department of Labor — Workers' Compensation Division — claim questions, hearing requests, and employer-coverage checks: nh.gov/labor (603-271-3176).
When a lawyer makes sense in New Hampshire

Denied claims, AWW disputes (the 60% formula magnifies errors), permanent-impairment awards, reinstatement fights, and settlements. Consultations typically free.

New Hampshire FAQ

Both states use 60% — the differences are in caps and durations. What you can control is the average weekly wage underneath the percentage: make sure overtime, second jobs, and your true earning pattern are in the calculation. A corrected AWW raises every check.
New Hampshire's reinstatement statute protects many workers' right to return to their former position when medically able, within a protected period. The rules have conditions (employer size, timing), so raise it with the Department of Labor the moment your job seems at risk — before the position is "eliminated."
New Hampshire workers' compensation has generally covered injured workers regardless of status. Report in writing, watch the insurer's 21-day duty, and use the Department's free help.
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