Am I Owed Money for My Work Injury if I am Permanently Impaired?~4 min read
Permanent impairment injuries are a critical component of the workers’ compensation system in New Hampshire. While many workplace injuries heal over time, others leave lasting physical or functional limitations. Understanding how permanent impairment works—and how benefits are calculated—can help injured workers better navigate their rights and expectations under state law.
What Is a Permanent Impairment?
A permanent impairment refers to a lasting loss of function or use of a body part following a work-related injury or illness. These injuries persist even after medical treatment has concluded and the worker has reached what is known as Maximum Medical Improvement (MMI)—the point at which further recovery is not expected.
In New Hampshire, permanent impairment is distinct from temporary disability. It focuses specifically on the long-term physical consequences of an injury, such as reduced mobility, loss of strength, or sensory damage. Examples include loss of use of a limb, permanent hearing loss, or vision impairment.
The Role of Maximum Medical Improvement (MMI)
Before any permanent impairment benefits are awarded, an injured worker must reach MMI. At this stage, a physician evaluates the extent of permanent damage and assigns an impairment rating. This rating is typically based on the American Medical Association’s Guides to the Evaluation of Permanent Impairment, which standardize how impairments are measured.
The impairment rating is expressed as a percentage, representing the degree of loss to a specific body part or to the body as a whole. This percentage becomes a key factor in determining compensation.
Scheduled vs. Unscheduled Injuries
New Hampshire uses a “scheduled injury” system for many types of permanent impairments. Under state law, specific body parts are assigned a predetermined number of weeks of compensation. For example, the loss of an arm may correspond to 210 weeks of benefits, while the loss of a finger may result in fewer weeks.
These schedules are outlined in RSA 281-A:32 and provide a structured method for calculating benefits. Injuries to major body systems—such as the brain or spine—or cases involving multiple impairments may be treated as “whole person” impairments, with compensation capped at a maximum number of weeks (typically up to 350 weeks).
Not all injuries qualify for scheduled awards. Generally, the injury must involve a listed “member” of the body. However, even unscheduled injuries may qualify if they result in measurable impairment affecting a scheduled body part.
How Compensation Is Calculated
Permanent impairment awards in New Hampshire are calculated using a combination of factors:
- The worker’s average weekly wage (AWW)
- The percentage of impairment assigned by a medical professional
- The number of weeks assigned to the affected body part
Typically, the benefit equals 60% of the worker’s average weekly wage, multiplied by the number of weeks and adjusted by the impairment rating.
For example, if a worker has a 25% impairment of a hand, and the schedule assigns 189 weeks for total loss of a hand, the worker would receive compensation based on 25% of those 189 weeks.
In many cases, permanent impairment awards are paid as a lump sum, providing immediate financial support to the injured worker.
Permanent Partial vs. Permanent Total Disability
It is important to distinguish permanent impairment from broader disability classifications. Permanent partial disability (PPD) applies when a worker can still perform some work but has lasting limitations. In such cases, benefits may include wage-loss compensation for up to 262 weeks if the worker earns less than before the injury.
Permanent total disability (PTD), on the other hand, applies when a worker is unable to engage in any gainful employment due to the injury. These cases are less common but may result in ongoing benefits.
Common Types of Permanent Impairment Injuries
Permanent impairment can arise from a wide range of workplace incidents. Some of the most common include:
- Amputations or loss of limb function
- Chronic back or spinal injuries
- Traumatic brain injuries
- Severe burns and disfigurement
- Loss of vision or hearing
These injuries often have long-term consequences not only for a worker’s physical health but also for their ability to earn a living and maintain quality of life.
The Importance of Medical Evidence
Medical documentation plays a central role in any permanent impairment claim. The impairment rating assigned by a qualified physician directly impacts the amount of compensation. In some cases, workers may seek an independent medical examination (IME) if they disagree with the initial assessment.
Because the system relies heavily on standardized guidelines and medical opinions, even small differences in impairment ratings can significantly affect the final award.
Final Thoughts
Permanent impairment injuries represent some of the most serious outcomes in workplace accidents. New Hampshire’s workers’ compensation system provides a structured framework to compensate injured workers, but the process can be complex and highly dependent on medical evaluations and statutory formulas.
For injured workers, understanding how impairment ratings, scheduled awards, and compensation calculations work is essential. Whether dealing with a minor loss of function or a life-altering injury, knowing your rights under New Hampshire law can make a meaningful difference in securing fair compensation and planning for the future. If you need assistance with your workers’ compensation claim, contact the experienced attorneys at PMM Law.
Rory Parnell is a graduate of Southern New Hampshire University and New England Law – Boston. Rory worked full-time, for the then Law Offices of Parnell & McKay, every year he was in law school, and has been working at Parnell & McKay and then Parnell, Michels & McKay since 2002. Rory has been a partner at the firm since 2017, and dedicates his practice primarily to civil litigation.
Rory has been admitted to the New Hampshire and Massachusetts Bar Associations since 2011, and is licensed to practice in the United States District Court of New Hampshire. Rory works primarily in the areas of Injury (including motor vehicle collisions, motorcycle collisions, slip and falls, dog bites, trip and falls, and other injuries), Workers Compensation, Real Estate Litigation, Landlord/Tenant, Disability, and General Litigation areas.
Awards and Recognition's:
2021 Forty Under 40 Honoree from the Union Leader
2020 Pro Bono Distinguished Service Award
2017 New Hampshire Bar Foundation -Robert Kirby Award
2014 Pro Bono Rising Star Award
L. Jonathan Ross Award Winner for 2024















