If I suffer an injury that causes permanent damage at work, am I entitled to compensation?~2 min read
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 to receive permanent wage benefits, and possibly social security disability benefits. While often permanent injury cases are settled, it is important to understand what rights you have in these difficult circumstances.
Second, the injured worker who has a permanent injury is also entitled to a permanent impairment award. This award is governed by statutory law and has a series of potential location of injuries on the body that affect the calculation. Most commonly, it involves a person with a permanent injury that affects their whole person. Thus, under NH law, they are entitled to a permanent impairment award for that injury.
The way this is calculated is to have a doctor review the injured worker’s injuries under the American Medical Association Guidelines for Impairment, 5th edition. The AMA guidelines include a lot of information that doctors utilize to come to a percentage that a person is impaired. Thus, a person with a fused spine at one or two levels likely has a permanent injury, and a doctor would “rate” them with a percentage that affected their whole person. This percentage is then plugged into a calculation to determine the monetary award for the permanent impairment. So, for example, if a claimant received $500 per week in wage benefits from the workers’ compensation carrier, and they have a whole person impairment of 10%, then the calculation under RSA 281-A is to take that $500 per week, multiply it by 350 weeks, and then multiply it by the percentage for the final number. So, for example, the hypothetical person calculation above would be ($500×350) x0.10 = $17,5000. Thus, the permanent impairment award would be $17,500.00.
This is a complicated process, and doctors often do not agree on the percentage that a person is permanently impaired. If you were injured and think you have a permanent impairment, the experienced attorneys at Parnell, Michels and McKay can help you navigate this process effectively, and allow you to recover the full amount you are entitled to. If you need legal help from a work-related injury, please contact our office to find out what your rights are.
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
