Workers Compensation Law

Workers Compensation Law
Stuck in Limbo: How the workers’ compensation pre-authorization process makes injured workers feel stuck in the sand
ByRory Parnell August 22, 2025September 15, 2025
Everyone wants to be paid. As a lawyer, I do understand that. However, at the intersection of wanting to be paid, and wanting to get necessary medical care is a process in workers’ compensation cases call the pre-approval or pre-authorization process. This is when a medical provider asks the workers’ compensation insurer to pre-approve or authorize a specific type of medical treatment like surgery, therapy, injections or other treatment. The provider does this so they can guarantee they receive payment, as they express concern that they could provide the care and be left holding the bill. Conversely, the injured worker just wants to get the necessary medical care that gets them on the path to recovery and return to work. New Hampshire manages this conflict…
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Workers Compensation Law
If I suffer an injury that causes permanent damage at work, am I entitled to compensation?
ByRory Parnell March 14, 2025August 15, 2025
In Workers’ Compensation, it is commonly misunderstood by most people what an injured person is entitled to. In previous blog posts, we talked about how an injured worker unable to work is entitled to 60% of their average weekly wage while they are out of work. They are also entitled to have all medical bills that are incurred due to the work injury that are “reasonable” and “necessary” medical treatment paid by the workers’ compensation insurance carrier. Yet, what happens when a person has a permanent injury? First, it is important to separate that an injury that causes someone to be permanently and totally disabled entitles them to continuing wage (indemnity) benefits from the insurance carrier. If they can never work again, they are entitled…
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Personal Injury Law | Workers Compensation Law
Can Mario’s workers’ compensation claim really be denied by the neutral risk test?
ByParnell, Michels & McKay Law Offices January 12, 2024August 15, 2025
Mario was working as a plumber. He was hired to clear out some pipes with some nasty vegetation. As he descended down, he slipped on some mushrooms and broke his leg. He is upset because the workers’ compensation carrier, Turtlespikes Ins. Co, has denied his workers’ compensation claim. They told him it was a “neutral risk”, and thus not covered. He’s upset because now he cannot work, and his brother has to do double duty. Is Turtlespikes Ins. Co. right? Is this claim barred by the neutral risk test? First, we have to look at what a Neutral risk is in the eyes of the law. Neutral risks are neither distinctly employment nor distinctly personal in character. Determining whether an injury resulting from a neutral…
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General Litigation | Personal Injury Law | Workers Compensation Law
How will my settlement be taxed after a personal injury, worker’s compensation, or employment case?
ByParnell, Michels & McKay Law Offices October 27, 2023August 15, 2025
Our clients who receive settlement payments often have questions about how these settlement payments will be taxed, or if they will be taxed at all. While our firm does not practice tax law, and we always advise our clients to discuss these matters with an experienced accountant or tax preparation service, this article discusses the general rules for taxation of settlement payments in the areas of law our firm practices. Taxation in personal injury cases is simple: you will not pay taxes on a personal injury settlement in almost all circumstances. The IRS does not tax settlement money for personal injury claims because these funds are intended to make an injured person whole again. In other words, the federal government does not consider settlement of…
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General Litigation | Personal Injury Law | Workers Compensation Law
What is a Permanent Impairment and am I entitled to compensation?
ByParnell, Michels & McKay Law Offices September 22, 2023August 15, 2025
In Workers’ Compensation, it is commonly misunderstood by most people what an injured person is entitled to. A person may be able to collect benefits for time missed from work, in addition to have their medical bills paid. Yet, what happens when a person has a permanent injury that prevents them from working? First, it is important to separate that an injury that causes someone to be permanently and totally disabled entitles them to continuing wage (indemnity) benefits from the insurance carrier as long as they can’t work. If they can never work again, they are entitled to receive permanent wage benefits, and also possibly social security disability benefits. Second, the injured worker who has a permanent injury is also entitled to what is called…
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Personal Injury Law | Workers Compensation Law
The Legend of Zelda: Tears of the Kingdom
ByParnell, Michels & McKay Law Offices May 12, 2023August 15, 2025
Can I get workers’ compensation coverage when I am assaulted by a magical elf at work? So, you are a Bokoblin Security Guard for Ganon Security Solutions and you were attacked by a blonde haired blue tunic wearing guy with a sword: Are your injuries covered by workers’ compensation? You are Bobthe Bokoblin, and have been working with Ganon Security Solutions for around two years. The benefits are great, the hours are reasonable, and the work is not too demanding. When you were hired, you was assigned to the Hyrule Castle division of Ganon Security Solutions. On May 12th, you came to your regular shift which was standing watch at the Southwest Castle Grounds. Everything was normal until you noticed something peculiar gliding in the…
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Workers Compensation Law
Election of Remedies: How Do I Decide Between a Wrongful Termination or Worker’s Compensation Claim?
ByParnell, Michels & McKay Law Offices March 3, 2023August 15, 2025
It is an unfortunate and all too common reality: a hard working employee gets injured at work, and then faces termination. The employee tries to work through their limitations, but their employer just does not respect what they can and cannot do, demanding the same tasks as before the injury. If this sounds like your situation, what are your rights and options? When an employee is injured at work, their medical bills and lost wages from missed time working are covered by worker’s compensation. Worker’s compensation is a type of insurance that many employers are required by law to carry. While a claim may be initially denied, a denial can be appealed to the New Hampshire Department of Labor and be overturned. Awards include payment…
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Personal Injury Law | Workers Compensation Law
Freedom of Information Act: What is it and why is it important?
ByParnell, Michels & McKay Law Offices August 31, 2022August 15, 2025
While you or your attorneys are gathering information about your claim, there may be many terms you are unfamiliar with. You may have heard of the Freedom of Information Act in the news, but be wondering how it relates to your case. What is the Freedom of Information Act, when is it used, and why is it relevant to your personal injury case? The Freedom of Information Act is a law representing a compromise between the State’s interest in keeping its activities confidential and the public’s right to know what the State is up to. In New Hampshire, this is known as the Right to Know law under RSA 91-A. All government records are subject to the Right to Know Law, with certain exceptions such…
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Personal Injury Law | Workers Compensation Law
The Exclusivity Rule in Worker’s Compensation
ByParnell, Michels & McKay Law Offices May 18, 2022August 15, 2025
After you’ve been injured at work, you likely have many questions. You may have heard of the Exclusivity Rule in worker’s compensation but have questions about the rule. You may have questions about the way your worker’s compensation claim is moving forward. What is the Exclusivity Rule, and how does it affect your worker’s compensation claim? By law, accidental injuries which occur at work must exclusively be brought under the worker’s compensation statute. This requirement to bring these claims as worker’s compensation cases is called the Exclusivity Rule. The Exclusivity Rule means that claims based on a work-related injury that could be brought against an employer or coworker are barred, except in very limited circumstances, and thus the “exclusive” remedy is in workers’ compensation. This…
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Workers Compensation Law
Making Getting Paid Easier on Workers’ Compensation
ByParnell, Michels & McKay Law Offices March 3, 2022August 15, 2025
In workers’ compensation cases, our clients are receiving weekly checks called “indemnity checks”. These payments are made consistent with the workers compensation statutes of New Hampshire and Massachusetts, and are typically sixty percent (60%) of an injured person’s average weekly wage. For decades, the workers’ compensation insurers would send paper checks to the injured workers. Unfortunately, like many things that are mailed, the checks could be delayed by weather, holidays, or postal service log jams. In some situations, the insurers would just forget to send the checks. In New Hampshire, we addressed this continual inefficiency by proposing a change to the law to require a workers’ compensation insurer to pay their injured workers by direct deposit. This eliminated the cost of producing and mailing the…
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