Rule 6: Submit a correct payment noteAccording to RSA 281-A:40, a remittance slip (MOP) must be filed to reflect the payment of workers` compensation benefits or the change in the payment of workers` compensation benefits to a claimant. Failure to file a MOP may result in fines imposed by the DOL. All MOPs submitted with the DOL can – and will regularly – be rejected and returned if they are incorrect or incomplete. For detailed instructions on how to complete MOPs, refer to Lab Rule 506.02, Payment of Benefits and Filing of Returns. The benefit structure defines what injured workers are entitled to if they sustain an injury as a result of and during employment. Benefits available depend on the type and severity of the employee`s injury. The potential benefits include: Rule 10: Assessment of Recovery Rights/PrivilegesRSA 281-A:8 denies the claimant the right to sue his employer directly in civil court for damages related to an employment injury. The block also extends to spouses of claimants under RSA 281-A:8, II. There are exceptions related to intentional tort liability, as set out in RSA 281-A:8, I(a). Requests for unlawful termination are expressly excluded from the limitation period in accordance with RSA 281-A:8, III.
Rule 3: Provision of a temporary replacement serviceIf an employer has five or more employees, the Workers` Compensation Act requires that a temporary replacement service (TAP) be provided. RSA 281-A:23-b, Alternative Work Opportunities is quite brief on this topic, while the related lab rule 504.04, Development of Temporary Alternative Work, is more informative. Versions 23-b and 504.04 require TAD deployment. The latter specifies that the work must be transitory and compatible with the applicant`s restrictions. J. Kirk Trombley is a litigator whose New Hampshire-based litigation practice includes workers` compensation, insurance, liability and employment law. Workers` compensation is an insurance program that provides medical and disability benefits for work-related injuries and illnesses. Under the New Hampshire State Workers` Compensation Act RSA 281-A, all employees are covered, including faculty, staff, students, temporary workers, and casual workers. Rule 2: Accept or reject medical bills within 30 daysIn an accepted workers` compensation claim, all medical bills that are reasonable, necessary and causally related to the work-related injury must be paid. Carriers and self-insured persons often allow the payment of medical bills related to medical treatment that is clearly related to the workplace accident. However, under New Hampshire`s Workers` Compensation Act, carriers and self-insured persons are not required to pre-approve payment for medical treatment unless the DOL directs it after a hearing to consider a request for prior authorization of medical treatment. Rule 1: Submit PayrollWhen workers` compensation/disability compensation payments are made or amended, a payment note reflecting the issuance or modification of disability benefits must be submitted to the DOL.
If this is the first time disability benefits have received a compensation plan, a payment note must be submitted to the DOL via Lab Rule 506.02, Benefit Payments and Filing. Payroll requirements are outlined in New Hampshire Administrative Laboratory Rule 515.13. Rule 8: Proving Change of ConditionIn order to request a DOL hearing to verify a claimant`s eligibility for weekly compensation, the plaintiff must prove a «change of condition.» The legal authority to do so is in RSA 281-A:48, Review of Compensation Claim. The rule governing the conditions for review of the right to compensation is laboratory rule 510.01, the basis of the claim. Under the NH Act, you must observe a three-day waiting period before you qualify for weekly compensation for loss of earnings and must use your accumulated vacation credits. You will receive compensation for the first three days of disability if you remain unemployed for more than 14 days. Medical claims only: The period of payment/rejection of medical bills in the State of NH is 30 days from the date of receipt of the invoice by the workers` compensation insurance. You will receive written notice if a medical bill is declined. A copy of the rejection will also be sent to the medical provider. Once medical claims are denied, it is the responsibility of employees to provide the medical provider with their private insurance information or arrange for payment for services. Rule 9: Obtaining a Permanent Impairment AssessmentRSA 281-A:32, Permanent Impairment Benefits Registered in the Program, contains requirements for assessment and payment of duration.
An assessment of permanent disability for workers` compensation purposes should be conducted with maximum medical improvements. The physician assessing permanency should use the latest edition of the American Medical Association guidelines to assess permanent impairment.