Calculating Permanent Impairment Awards Under New Hampshire Workers' Compensation Law

Understanding Permanent Impairment in New Hampshire

When a workplace injury results in a lasting physical deficit, simply covering medical bills and temporary lost wages may not be enough to make the injured worker whole. New Hampshire workers' compensation law provides for a specific financial benefit known as a Permanent Impairment Award. This is a one-time, lump-sum payment intended to compensate you for the permanent loss of use of a body part, independent of your ability to return to work.

Whole Person vs. Scheduled Injuries

Under N.H. Rev. Stat. Ann. § 281-A:32, impairment awards are primarily based on a 'schedule of injuries'. This schedule assigns a specific maximum number of compensation weeks to various body parts (like an arm, leg, or eye). Injuries to the spine or brain, however, are generally calculated based on a 'whole-person' impairment rating. Your exact payout is a mathematical equation based on the severity of the loss applied against this statutory schedule.

The Role of the AMA Guidelines

To ensure fairness and consistency, the New Hampshire Department of Labor, Concord requires doctors to use the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (typically the most recent edition adopted by the state). A qualified medical provider will perform physical tests, measure your range of motion, and consult these guidelines to assign a concrete percentage to your disability. The standard for evaluating and applying these ratings is often guided by case law, such as Appeal of Rainville, 143 N.H. 624 (NH Supreme Court 1999).

Calculating Average Weekly Wage (AWW)

Your Average Weekly Wage (AWW) is the foundation of your permanent impairment payout. In New Hampshire, the AWW is usually calculated by taking your gross earnings over the 26 to 52 weeks immediately preceding your injury and finding the weekly average. The impairment award is then paid out at your compensation rate, which is generally 60% of your AWW, up to a maximum limit set annually by the state.

Step-by-Step Process for Securing an Award

Securing a permanent impairment award in cities like Portsmouth, Keene, or Manchester follows a standardized path managed by state authorities. You can browse our directory to find local lawyers who can help ensure these steps are executed flawlessly.

Step 1: Reach Maximum Medical Improvement (MMI)

You cannot request an impairment award until your treating physician determines that you have reached Maximum Medical Improvement (MMI). MMI means your condition has stabilized, and further medical treatment is not expected to significantly improve your baseline physical condition. This is a crucial prerequisite.

Step 2: Obtain a Permanent Impairment Rating

Once you hit MMI, your doctor (or an independent medical examiner) will conduct a final evaluation. Using the AMA Guides, the doctor will assign a percentage of impairment. For example, the doctor might determine you have a '10% permanent impairment of the right shoulder'.

Step 3: Submit the Impairment Agreement Form

If the insurance company agrees with your doctor's rating, they will draft Form 10WCA, New Hampshire, Department of Labor, Memo of Permanent Impairment Award. Both you and the insurance adjuster must sign this form, which is then submitted to the New Hampshire Department of Labor, Concord for final approval. If the insurance company disputes the rating, you may need to request a formal hearing.

Common Scheduled Injuries in New Hampshire

The state statute outlines the maximum number of weeks of compensation allowed for 100% loss of specific body parts. A partial loss (e.g., 20%) simply entitles you to 20% of those weeks. Here is a brief look at the statutory limits:

Timelines and Costs

Filing the paperwork for an impairment award through the New Hampshire Department of Labor is completely free. If you retain an attorney, they will typically charge a state-approved contingency fee, often around 20% of the lump sum award. In terms of timelines, once the Form 10WCA, New Hampshire, Department of Labor, Memo of Permanent Impairment Award is signed by all parties and formally approved by the Department of Labor, the insurance company is legally required to issue your lump-sum payment within 5 days.

Frequently Asked Questions (FAQ)