New Hampshire Workplace Back Injuries

New Hampshire workers’ compensation may cover any type of injury that occurs at work. But some types of injury are more common than others, and certain injuries are more closely associated with certain types of work. 

New Hampshire doesn’t provide case-specific data to the federal Bureau of Labor Statistics (BLS), but the BLS does report on the rate and number of certain types of injuries across the country.  Back injuries requiring days away from work occur at a rate of 12.7 per 10,000 workers in the private sector, 12.5 per 10,000 workers in state government and 17.1 per 10,000 workers in local government. That doesn’t include workers who are able to stay on 

the job but require transfer to a different role due to their injuries.

How Do Work-Related Back Injuries Happen? 

Back injuries can occur in many different ways, both on and off the job. Some of the most common causes are obvious, such as heavy lifting. Other common causes include: 

• Falls
• Motor vehicle accidents
• Repetitive lifting
• Reaching, bending or twisting
• Exposure to vibration
• Poor ergonomics

Most of these injuries can be avoided with proper lifting technique, well-designed work stations, proper equipment and training, and other precautions. It’s in the employer’s best interest to provide good training and safety equipment, since lost work days due to injuries cost the company money. Still, many companies cut corners, and workers don’t always know the risks or feel comfortable asking for protective gear.

Who is Responsible for New Hampshire Work Injuries? 

If you’ve suffered a back injury at work in New Hampshire, you probably won’t need to determine who is at fault. Sometimes it’s the employer, sometimes the employee, sometimes another employee, or sometimes an outsider. But in New Hampshire, workers’ compensation provides no-fault coverage for injured employees. 

That’s good news for injured workers in many ways. For example, workers’ compensation generally allows workers to start getting covered medical care right away. And the injured worker doesn’t have to prove the employer was negligent in order to qualify for replacement income while they recover. However, there is a downside as well. 

New Hampshire workers’ compensation is an exclusive remedy, meaning that the injured employer generally can’t pursue a personal injury lawsuit against the employer. That matters, because workers’ compensation doesn’t cover the same types of damages that an injury claim does.

New Hampshire Workers’ Compensation v. Personal Injury Lawsuits

Workers’ compensation in New Hampshire is intended to provide two key benefits: medical coverage for work-related injuries and temporary or permanent disability benefits. There are some other benefits, such as the opportunity to be reassigned to a job that you can do with your medical restrictions and a death benefit when a worker is killed. However, workers’ compensation doesn’t cover damages that an injury claim would, such as: 

• Pain and suffering
• Loss of quality of life
• Non-medical services made necessary by your injuries
• Renovations to your home or vehicle to make them accessible
• Property damage

In addition, workers’ compensation replaces only a portion of lost income, while those financial losses may be fully recoverable in a personal injury case. In New Hampshire, an injured worker who is unable to work at all will typically receive 60% of their usual wages through workers’ compensation.

In some cases, you may have a claim against someone other than the employer. For example: 

• If you sustained your back injury while driving for work and another driver caused the accident, you may have a claim against that driver
• If you sustained your back injury due to faulty equipment, you may have a product liability claim against the manufacturer

These are just two examples of possible claims against third parties after a work injury. The best source of information about possible responsible parties is a New Hampshire attorney who has experience with both workers’ compensation claims and personal injury cases. 

You can collect workers’ compensation and still pursue a claim against a third party who caused or contributed to your injury. However, you cannot collect twice for the same damages. For example, if workers’ compensation pays 60% of your lost wages, you cannot also collect 100% of your lost wages from another responsible party. The total amount you receive for lost wages can’t exceed your actual losses. 

Do I Need an Attorney for a Back Injury on the Job?

Whether or not you need an attorney to assist with your back injury workers’ compensation claim depends on a variety of factors. Some reasons you should consider speaking with a New Hampshire workers’ compensation lawyer right away include: 

• Your injury is serious or is likely to be permanent
• Your employer is delaying processing your claim or otherwise seems not to be acting in good faith
• You have received a denial of your workers’ compensation claim
• Your claim was approved, but you believe the benefits you have been offered are insufficient
• Your employer or workers’ compensation doctor is pressuring you to return to work before you are ready

In general, if you have any doubts about the way your back injury claim is proceeding, you should consult an attorney. Many workers’ compensation law firms, including ours, offer free consultations with no obligation. So, you have nothing to lose by seeking knowledgeable guidance. 

Just call 978-459-3085 or fill out the contact form on this site to get started.