reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:22-aa - High School and Post Secondary Students; Workers with Disabilities.

279:22-aa High School and Post Secondary Students;  Workers with Disabilities. –
I. Upon application by a participating employer or proper school authority, the labor commissioner may establish a sub-minimum wage rate, or no rate, for high school or post secondary students working for practical experience, if circumstances warrant. Guidelines shall be established by the labor commissioner to determine whether an employer-employee relationship exists between participating parties for such work in respect to existing labor laws. No such student shall be allowed to replace an existing worker or a laid-off worker.
II. Upon application by a proper post-secondary organization or rehabilitation facility as defined by and in a manner established by the labor commissioner, the commissioner may establish a practical experience/training program at a sub-minimum wage rate or no wage rate for individuals with disabilities. If such program is established, the commissioner shall establish guidelines to determine whether an employer-employee relationship exits between the parties for work performed through the program that is consistent with state and federal law. No such individual with disabilities, while in the program, shall be allowed to replace an existing worker or a laid-off worker.
Source.
1969, 407:1. 1979, 154:1, eff. Aug. 4, 1979. 2011, 98:1, eff. July 26, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:22-b - Wage Adjustment.

279:22-b Wage Adjustment. –
The commissioner of labor is hereby directed to readjust minimum wages for employees insofar as it may be necessary in view of the provisions of RSA 279:21 and 22.
Source.
1967, 440:12, eff. Feb. 1, 1968.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:23 - to 279:25 Repealed by 1967, 440:13, eff. Feb. 1, 1968.

279:23 to 279:25 Repealed by 1967, 440:13, eff. Feb. 1, 1968. –
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:26-a - Application to Parents, Spouses, Etc.

279:26-a Application to Parents, Spouses, Etc. –
The provisions of this chapter shall not apply to a child employed by his parents, grandparents, or a person or persons in place of his parents or grandparents, employing his own child, grandchild or a child in his custody, who furnishes full maintenance to such child. Nor shall the provisions apply to a spouse working for the other spouse on a volunteer basis when the spouse who works does not expect or claim any pay for the work, other than the support derived from the other spouse's profits in the business.
Source.
1965, 202:2, eff. Aug. 27, 1965.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:26-b - Tip Pooling and Sharing.

279:26-b Tip Pooling and Sharing. –
I. Tips are wages and shall be the property of the employee receiving the tip and shall be retained by the employee, unless the employee voluntarily and without coercion from his or her employer agrees to participate in a tip pooling or tip sharing arrangement.
II. No employer is precluded from administering a valid tip pooling or tip sharing arrangement, including suggesting reasonable and customary practices, documenting agreed upon practice, and mediating disputes between employees regarding a valid tip pooling or tip sharing arrangement, provided that the employer does not require or coerce employees to participate in the tip pooling or tip sharing arrangement.
III. Nothing shall preclude employee participants in a tip pool from agreeing, voluntarily and without coercion from the employer, to provide a portion of the common pool to other employees, regardless of job category, who participated in providing service to customers.
Source.
2007, 263:119, eff. June 29, 2007. 2012, 79:2, eff. July 22, 2012. 2017, 198:1, eff. Sept. 3, 2017. 2023, 176:2, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:27 - Records of Hours and Wages.

279:27 Records of Hours and Wages. –
Every employer of employees shall keep a true and accurate record of the hours worked by each, wages paid to each, and classification of employment when necessary, and shall furnish to the commissioner or the commissioner's authorized representative upon demand a sworn statement of the same. Employers shall retain such records of hours and wages for 3 years and such records shall be open to inspection by the commissioner or the authorized representative at any reasonable time, subject to the provisions of RSA 273:9. Every employer subject to a statutory minimum wage shall post and make available to his or her employees a copy of such statutory minimum wage. Employers shall be furnished copies of posters on request without charge. Records required by this section may be made, signed, acknowledged, approved, and retained electronically.
Source.
1933, 87:21. RL 213:21. RSA 279:27. 1967, 440:14. 1995, 94:3, eff. July 15, 1995. 2018, 312:9, eff. June 25, 2018. 2021, 9:1, eff. June 22, 2021.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:28 - Penalties.

279:28 Penalties. –
I. [Repealed.]
II. Any employer or the officer or agent of any corporation who pays or agrees to pay to any employee less than the rates applicable to such employee under the statutory minimum wage shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each week in any day of which such employee is paid less than the rate applicable to him under the statutory minimum wage and each employee so paid less shall constitute a separate offense.
III. Any employer or the officer or agent of any corporation who fails to keep the records required hereunder, or refuses to permit the commissioner or his authorized representative to enter his place of business, or fails to furnish such records to the commissioner or his authorized representative upon request shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Each day of such failure to keep the records requested hereunder or to furnish the same to the commissioner or his authorized representative shall constitute a separate offense.
Source.
1933, 87:22. RL 213:22. RSA 279:28. 1967, 440:15. 1973, 529:57. 1995, 94:4, 7, XXIII, eff. July 15, 1995.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:29 - Civil Actions.

279:29 Civil Actions. –
If any employee is paid by the employer less than the minimum wage to which the employee is entitled under the statutory minimum wage the employee may recover in a civil action the full amount of such minimum wage less any amount actually paid to the employee by the employer together with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between the employee and the employee's employer to work for less than the statutory minimum wage shall be no defense to such action. At the request of any employee paid less than the minimum wage to which the employee was entitled under the statutory minimum wage the commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court.
Source.
1933, 87:23. RL 213:23. RSA 279:29. 1967, 440:16. 1995, 94:5, eff. July 15, 1995.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:3 - Election by Employer Not Subject to Law.

281-A:3 Election by Employer Not Subject to Law. –
Any employer, not subject to the provisions of this chapter, may accept its provisions by purchasing valid workers' compensation insurance applicable to the employment. Such employer shall thereafter be liable to all employees in the same manner as subject employers during the period when such insurance remains in force. During such time, employees of such employer shall be subject to the provisions and limitations of RSA 281-A:8.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:3-a - Incarceration of Certain Persons.

281-A:3-a Incarceration of Certain Persons. –
Notwithstanding any provision of law to the contrary, an employee who has become incarcerated pursuant to a conviction shall forfeit any right to workers' compensation indemnity benefits 30 days after incarceration for the remaining period of incarceration.
Source.
1997, 225:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:4 - Posting of Notice by Employer.

281-A:4 Posting of Notice by Employer. –
Every employer subject to this chapter, or who elects to accept its provisions, shall keep posted in a conspicuous place upon the premises a notice that the employer is working under the provisions of RSA 281-A. If any employer fails to post such notice or to keep it posted, such employer shall be guilty of a violation for each day of such failure. This section shall not apply to employers who are subject to this chapter only because they employ domestics.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:4-a - Workers' Compensation Compliance Statement.

281-A:4-a Workers' Compensation Compliance Statement. –
I. Within 30 days following a written request from the commissioner, any building or construction industry contractor, subcontractor, or independent contractor engaged in the nonresidential building or construction industry shall deliver to the commissioner a workers' compensation compliance statement. The workers' compensation compliance statement shall state the total number of employees employed during the entire prior policy term where such employee had a policy or a one-year period if no policy was in effect or partially in effect preceding the request and shall state the total number of hours the contractor, subcontractor, and independent contractor compensated such employees during such time period and which hours apply to the appropriate National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work performed. Any contractor, subcontractor, or independent contractor who fails to comply with this section or who falsifies information on the statement may be fined up to $1,000 for each week of noncompliance beginning on the date of such failure or falsification. The commissioner shall be entitled to all costs and fees directly associated with obtaining any information not properly made available under this section. All moneys collected as a fine under this section shall be forwarded to the state treasurer and deposited into the department of labor restricted fund established in RSA 273:1-b. The commissioner shall make available a form as may be needed to comply with this section.
II. Any person may request that the commissioner provide such person with a copy of a contractor's, subcontractor's, or independent contractor's workers' compensation compliance statement. The commissioner shall obtain and provide the requested compliance statement if the requesting person submits evidence beyond bid proposals to the commissioner of a contractor's, subcontractor's, or independent contractor's noncompliance with RSA 281-A even if the contractor, subcontractor, or independent contractor appears to be in compliance at the time of the request. The statement shall be maintained as a public record in accordance with RSA 91-A. No contractor, subcontractor, or independent contractor, however, shall be required to deliver to the commissioner a requested workers' compensation compliance statement more than twice in one calendar year.
Source.
1997, 324:1. 2007, 237:1, eff. Jan. 1, 2008. 2011, 224:53, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:4-b - Work Certificate for Contractors Before Beginning Their Work on Public Projects.

281-A:4-b Work Certificate for Contractors Before Beginning Their Work on Public Projects. –
The commissioner of labor shall provide a work certificate form to meet the requirements of the departments of transportation and administrative services, in accordance with RSA 228:4-b or RSA 21-I:80, VI, for contractors, subcontractors, and independent contractors to certify their compliance with RSA 281-A.
Source.
2007, 323:4, eff. Sept. 14, 2007.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:5 - Securing Payment of Compensation.

281-A:5 Securing Payment of Compensation. –
An employer, or group or association of homogeneous employers, subject to this chapter shall secure compensation to employees in one of the following ways:
I. By insuring and keeping insured the payment of such compensation with a company licensed to write workers' compensation insurance in this state and filing with the commissioner, in a form prescribed by the commissioner, evidence of such coverage as the commissioner deems appropriate.
II. By insuring and keeping insured the payment of compensation to domestic employees with a company providing workers' compensation insurance in accordance with RSA 281-A:6.
III. By furnishing to the commissioner satisfactory proof of financial ability to pay compensation directly to an employee when due in the amounts and manner as provided in this chapter.
IV. In the case of employees of the state, compensation shall be made as provided in RSA 21-I:24 and RSA 21-I:25-a.
Source.
1988, 194:2. 1992, 43:4. 1994, 158:23, eff. May 23, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:5-a - Self-Insurance for Private Employers.

281-A:5-a Self-Insurance for Private Employers. –
Any private employer as defined in RSA 281-A:2, VIII, or any group or association of homogeneous employers may, subject to RSA 281-A:5, III, and any rules adopted to enforce such section, self-insure for workers' compensation coverage provided that such employer or group or association of homogeneous employers shall:
I. Establish and maintain appropriate loss reserves determined in accordance with sound actuarial principles.
II. Maintain specific excess insurance.
III. Make all contracts with administrators or service companies available for inspection by the commissioner upon reasonable notice.
Source.
1992, 43:5, eff. June 8, 1992.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:5-b - Private Employers; Annual Financial and Actuarial Reports.

281-A:5-b Private Employers;  Annual Financial and Actuarial Reports. –
I. Every private employer as defined in RSA 281-A:2, VIII, or group or association of homogeneous employers self-insuring for workers' compensation coverage under RSA 281-A:5 and 281-A:5-a, shall annually, within 6 months of the end of the fiscal year or within such extension of time as the commissioner for good cause may grant, file a report with the commissioner, verified by the oath of a member of the board of trustees or by an administrative executive appointed by the board, showing its condition on the last day of the preceding fiscal year. The report shall contain a financial statement of the self-insured program, including its balance sheet and a statement of operations for the preceding year audited by an independent certified public accountant.
II. Every private employer as defined in RSA 281-A:2, VIII, or group or association of homogeneous employers self-insuring for workers' compensation coverage under RSA 281-A:5 and 281-A:5-a, shall annually, within 6 months of the end of the fiscal year or within such extension of time as the commissioner for good cause may grant, file with the commissioner a report prepared by an actuary who is a member of the Casualty Actuarial Society or the American Academy of Actuaries as to the actuarial soundness of the program. The report shall consist of, but shall not be limited to, the following:
(a) Adequacy of contribution rates in meeting the level of benefits required and changes, if any, needed in the contribution rates to achieve or preserve a level of funding deemed adequate to enable payment of the benefit amounts required, by each such employer or group or association of homogeneous employers.
(b) A determination of appropriate loss reserves.
(c) A description and explanation of actuarial assumptions.
(d) A statement by the actuary that the report is complete and accurate and that in his opinion the techniques and assumptions used are reasonable and meet the requirements and intent of this section.
(e) Other factors or statements as may be reasonably required by the commissioner in order to determine the actuarial soundness of the plan.
Source.
1992, 43:5, eff. June 8, 1992.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:5-c - Jurisdiction Over Private Employer Self-Insured Programs.

281-A:5-c Jurisdiction Over Private Employer Self-Insured Programs. –
I. Any private employer, or group or association of homogeneous employers self-insuring for workers' compensation coverage under RSA 281-A:5 and 281-A:5-a, is not an insurance company, reciprocal insurer or other insurer under the laws of this state, and administration of any activity securing compensation to employees thereunder shall not constitute doing an insurance business for any purposes under title XXXVII.
II. The department of labor shall have exclusive jurisdiction over any private employer or group or association of homogeneous employers self-insuring for workers' compensation coverage under RSA 281-A:5 and 281-A:5-a.
Source.
1992, 43:5, eff. June 8, 1992.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:5-d - Regulation of Certain Third Party Administrators Serving Self-Insured Programs.

281-A:5-d Regulation of Certain Third Party Administrators Serving Self-Insured Programs. –
I. For purposes of this section, "third party administrator" means any person contracting with an employer or group of employers authorized to self-insure in accordance with RSA 281-A:5-a and 281-A:11, to provide a combination of such services as solicitation of coverage, underwriting, collection of charges or premiums, and adjustment or settlement of claims, so as to confer upon such person effective responsibility for management and operation of the self-insurance program.
II. The commissioner shall have exclusive jurisdiction to regulate third party administrators, as defined in this section, to assure that such persons possess capability and financial qualifications sufficient to manage performance of the responsibilities imposed by this chapter upon self-insured employers or groups.
III. Any client company which knowingly does business with an unlicensed third party administrator may, after written notification, be fined up to $1,000 per day for each day the violation continues. Any funds collected under this section shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
Source.
1995, 161:1. 1996, 231:3. 1997, 343:1, eff. Jan. 1, 1998. 2011, 224:56, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:5-f - Application of Chapter to Nonresident Employees and Employers.

281-A:5-f Application of Chapter to Nonresident Employees and Employers. –
Notwithstanding any provision of law to the contrary, the provisions of this chapter shall apply to nonresident employees and employers doing business in New Hampshire.
Source.
2006, 122:1, eff. July 14, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:6 - Securing Payment of Compensation for Domestics.

281-A:6 Securing Payment of Compensation for Domestics. –
Notwithstanding any other provision of this chapter, of title XXXVII, or of any other law to the contrary, all insurance companies authorized to provide comprehensive personal liability, tenant's or homeowner's insurance in this state shall, in connection with such insurance, provide workers' compensation insurance covering domestics unless the employer has a separate policy of workers' compensation insurance covering domestics. Such insurance companies shall not be subject to RSA 281-A:9 or to the financial or other requirements with respect to workers' compensation insurance in addition to those requirements for writing comprehensive personal liability, tenant's or homeowner's insurance. Premium rates and policy forms or endorsements used by a company to provide workers' compensation insurance in accordance with the provisions of this section shall be subject to the approval of the insurance commissioner.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:8 - Employees Presumed to Have Accepted.

281-A:8 Employees Presumed to Have Accepted. –
I. An employee of an employer subject to this chapter shall be conclusively presumed to have accepted the provisions of this chapter and, on behalf of the employee or the employee's personal or legal representatives, to have waived all rights of action whether at common law or by statute or provided under the laws of any other state or otherwise:
(a) Against the employer or the employer's insurance carrier or an association or group providing self-insurance to a number of employers; and
(b) Except for intentional torts, against any officer, director, agent, servant or employee acting on behalf of the employer or the employer's insurance carrier or an association or group providing self-insurance to a number of employers.
II. The spouse of an employee entitled to benefits under this chapter, or any other person who might otherwise be entitled to recover damages on account of the employee's personal injury or death, shall have no direct action, either at common law or by statute or otherwise, to recover for such damages against any person identified in subparagraph I(a) or (b).
III. Nothing in this chapter shall derogate from any rights a former employee may have under common law or other statute to recover damages for wrongful termination of, or constructive discharge from, employment. However, if a former employee makes a claim under this chapter for compensation for injuries allegedly caused by such wrongful termination or constructive discharge, the employee shall be deemed to have elected the remedies of this chapter, and to have waived rights to recover damages for such wrongful termination or constructive discharge under common law or other statute. Similarly, if a former employee brings an action under common law or other statute to recover damages for such wrongful termination or constructive discharge, the employee shall be deemed to have waived claims under this chapter for compensation allegedly caused by such termination or discharge.
Source.
1988, 194:2. 1991, 376:3. 1993, 24:1. 2001, 47:2, eff. Aug. 10, 2001.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:9 - Termination Notices.

281-A:9 Termination Notices. –
In all instances in which an insurance carrier is to cease providing workers' compensation insurance to an employer, whether by reason of cancellation or otherwise, such insurance carrier shall file a written termination notice with the commissioner and shall send a copy of the notice to the employer. Terminations shall take effect no sooner than the earliest of the following:
I. In case of termination for nonpayment of premium, 30 days after the date the termination notice is filed.
II. In case of termination for reasons other than nonpayment of premium, 45 days after the date the termination notice is filed.
III. In any case, the date on which the employer has obtained new coverage from another insurance carrier or on which the employer has qualified as a self-insurer under RSA 281-A:5, III.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:10 - Notice of Revocation.

281-A:10 Notice of Revocation. –
Revocation of coverage under RSA 281-A:3 by termination of workers' compensation insurance shall be effective 30 days after the filing of a termination notice with the commissioner.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:11 - Self-Insurance for Public Employers.

281-A:11 Self-Insurance for Public Employers. –
Any public employer as defined in RSA 281-A:2, IX may, subject to RSA 281-A:5, III and the rules adopted to enforce that section, self-insure for workers' compensation coverage as follows:
I. If a public employer chooses to self-insure for workers' compensation coverage, the legislative body of that employer shall appropriate sufficient funds to implement a self-insurance program including, but not limited to, legal costs, benefits, and administrative costs.
II. The amount of appropriated funds shall be based on an actuarial determination of the amounts needed for self-insurance purposes. Any appropriated funds that are not encumbered under this section at the end of the fiscal year may be transferred to the general fund of the public employer.
III. Each year, as actuarially determined, the legislative body shall appropriate sufficient funds to create a financial reserve until all outstanding claims are disposed of. If additional funds are needed to increase the loss fund in any given year, the legislative body shall appropriate such funds as are necessary.
IV. Any income from investment of the loss fund may be returned annually to the general fund of the public employer or may be applied to the ensuing year's appropriation to the loss fund.
V. A public employer may also purchase from an insurance carrier such levels of insurance as it deems appropriate to provide coverage in excess of the amount in the loss fund.
VI. Any public employer self-insuring for workers' compensation coverage under this chapter is not an insurance company, reciprocal insurer or other insurer under the laws of this state, and administration of any activity of securing compensation to employees thereunder shall not constitute doing an insurance business for any purposes under title XXXVII.
VII. The department of labor shall have exclusive jurisdiction over any public employer or group or association of public employers self-insuring for workers' compensation coverage under this chapter or RSA 5-B.
Source.
1988, 194:2. 1992, 43:6, eff. June 8, 1992.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:12 - Injuries Outside the State.

281-A:12 Injuries Outside the State. –
I. If an employee is injured while employed elsewhere than in this state, and is injured under circumstances that would have entitled the employee or a dependent to workers' compensation under this chapter had such employee been injured in this state, then such employee or dependents of such employee shall be entitled to workers' compensation as provided in this chapter:
(a) If the employee or the employee's dependents release the employer from all liability under any other law;
(b) If the employer is engaged in business in this state;
(c) If the contract of employment was made in this state; and
(d) If the contract of employment was not expressly for service exclusively outside of this state.
II. However, recovery of damages in an action at law or recovery of workers' compensation under the law of any other state shall bar recovery of workers' compensation under the law of this state.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:14 - Employee's Fault.

281-A:14 Employee's Fault. –
The employer shall not be liable for any injury to a worker which is caused in whole or in part by the intoxication, as defined in RSA 281-A:2, XII-a, or by the serious and willful misconduct of the worker. The provision as to intoxication shall not apply, however, if the employer knew that the employee was intoxicated.
Source.
1988, 194:2. 1990, 254:10, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:16 - Determining Date of Injury for Occupational Disease and Cumulative Trauma.

281-A:16 Determining Date of Injury for Occupational Disease and Cumulative Trauma. –
For the purpose of determining the date of injury for an occupational disease, the date of injury shall be taken to be the last date of injurious exposure to the hazards of such disease or the date on which the employee first knew or reasonably should have known of the condition and its relationship to the employee's employment, whichever is the later. For an injury caused by cumulative trauma, the date of injury shall be the date of first medical treatment. For an injury or condition aggravated by cumulative trauma, the date of injury shall be the date of first medical treatment for the aggravation.
Source.
1988, 194:2. 2005, 128:1, eff. Aug. 14, 2005.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:17-c - Acute Stress Disorder and Post-Traumatic Stress Disorder; Presumption.

281-A:17-c Acute Stress Disorder and Post-Traumatic Stress Disorder;  Presumption. –
Notwithstanding RSA 281-A:2, XI and XIII, RSA 281-A:16, and RSA 281-A:27, there shall be a prima facie presumption that acute stress disorder and post-traumatic stress disorder in an emergency responder, as defined in RSA 281-A:2, V-c are occupationally caused.
Source.
2019, 251:3, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:17-d - Repealed by 2021, 178:3, I, eff. Nov. 1, 2022.

281-A:17-d Repealed by 2021, 178:3, I, eff. Nov. 1, 2022. –
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:18 - Contractor's Liability for Subcontractors.

281-A:18 Contractor's Liability for Subcontractors. –
A contractor who subcontracts all or any part of a contract shall bear the liability of the subcontractor of that contract for the payment of compensation under this chapter to the employees of the subcontractor, unless the subcontractor has secured the payment of compensation as provided for in this chapter. Any contractor who shall become liable for compensation under this section may recover the amount of the compensation paid and necessary expenses from the subcontractor. For the purposes of this section, a contractor shall be defined as provided in RSA 281-A:2, III or as a person or organization which contracts with another to have work performed consisting of the removal, excavation or drilling of soil, rock or minerals, or the cutting or removal of timber from land and work done in connection with and in or about the area of such cutting or removal, other than the owner of the land containing such soil, rock or minerals or timber. For the purposes of this section, a subcontractor shall be defined as provided in RSA 281-A:2, IV and shall include a subcontractor of a contractor as defined in this section.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:18-a - Exclusion of Executive Officers and Members of Limited Liability Companies.

281-A:18-a Exclusion of Executive Officers and Members of Limited Liability Companies. –
I. Any corporation or limited liability company may elect to exclude up to 3 executive officers or members from the compulsive coverage requirements under this chapter.
II. The commissioner shall adopt rules under RSA 541-A relative to the filing of such an exclusion.
III. No exclusion shall be valid unless properly filed with the commissioner.
IV. Those executive officers and limited liability company members who elect to be excluded shall not be considered uninsured employees of a subcontractor under RSA 281-A:18.
Source.
1994, 267:2. 2007, 323:1. 2008, 1:1, eff. Jan. 4, 2008.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:19 - Notice of Injury.

281-A:19 Notice of Injury. –
Claims for benefits under this chapter shall be barred unless notice of injury is given to the employer within 2 years from the date of the injury; provided, however, that if the nature of the injury and its possible relationship to the employment are not known to the employee, the time for filing notice shall not begin to run until the earlier of the following:
I. The date the employee knows, or by reasonable diligence should know, of the nature of the injury and its possible relationship to the employment; or
II. In the event of death, the date any dependent knows, or by reasonable diligence should know, of the nature of the injury and its possible relationship to the employee's employment.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:20 - Contents of Notice.

281-A:20 Contents of Notice. –
Notice of injury in writing on a form prescribed by the commissioner shall apprise the employer of the injury and shall state the name and address of the worker injured and the date and place of the accident. The employee shall execute the notice in duplicate and sign both copies. The employer shall acknowledge receipt of the notice by signing on both the original and the duplicate, and the employee shall retain the duplicate.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:21 - Service of Notice.

281-A:21 Service of Notice. –
The employee may serve the notice personally or send it by certified mail addressed to the employer at the employer's last known residence or place of business.
Source.
1988, 194:2, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:21-a - Time Limitations for Filing Claim.

281-A:21-a Time Limitations for Filing Claim. –
Compensation for disability, rehabilitation, medical benefits, or death benefits under this chapter shall be barred unless a claim is filed within 3 years after the date of injury; provided, however, that if the nature of the injury and its possible relationship to the employment are not known to the employee, the time for filing a claim shall not begin to run until the earlier of the following:
I. The date the employee knows, or by reasonable diligence should know, of the nature of the injury and its possible relationship to the employment; or
II. In the event of death, the date any dependent knows, or by reasonable diligence should know, of the nature of the injury and its possible relationship to the employee's employment.
Source.
1990, 254:12, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:21-b - Confidentiality of Workers' Compensation Claims.

281-A:21-b Confidentiality of Workers' Compensation Claims. –
Proceedings and records of the department of labor with respect to workers' compensation claims under RSA 281-A shall be exempt from RSA 91-A. Nothing in this section shall prohibit the department of labor from releasing information on a person's claim or claims to the person, the person's legal representative, attorney, health care providers, employer, the employer's workers' compensation insurer, the attorneys for the employer or employer's insurer, or state and federal agencies with relevant jurisdiction. Notwithstanding the provisions of this section, information relating to a person's claim or claims may be released to other parties only with the prior written permission of the claimant.
Source.
2005, 278:1, eff. Sept. 20, 2005.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:22 - Waiting Period.

281-A:22 Waiting Period. –
An employer subject to this chapter, or the employer's insurance carrier, shall pay workers' compensation to an employee sustaining a personal injury during a period of total or partial disability, but not for the first 3 days of disability unless the disability continues for 14 days or longer.
Source.
1988, 194:2. 1990, 254:13, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:23-b - Alternative Work Opportunities.

281-A:23-b Alternative Work Opportunities. –
All employers with 5 or more employees shall develop temporary alternative work opportunities for injured employees. If the employee fails to accept temporary alternative work, the employer may petition the commissioner pursuant to RSA 281-A:48, to reduce or end compensation. Notwithstanding RSA 281-A:22, if an injured employee returns to temporary alternative work within 5 days of sustaining the injury, such employee shall be paid workers' compensation from the first date of the injury. The commissioner shall adopt rules under RSA 541-A relative to the administration of this section.
Source.
1994, 3:5. 1997, 343:2, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:24 - Payment for Reasonable Value of Services.

281-A:24 Payment for Reasonable Value of Services. –
I. (a) The employer or the employer's insurance carrier shall pay the reasonable value of medical services provided under this chapter.
(b) The health care provider shall have the burden of establishing that its bill for services is reasonable.
(c) Effort shall be made to resolve any dispute as to the reasonable value of service prior to applying to the commissioner for resolution of such a dispute.
(d) Whenever an injured employee receives medical or hospital service or other remedial care under the provisions of this chapter and a dispute arises between the employer or the employer's insurance carrier and the person, firm, or corporation rendering such service or care as to the reasonable value of the service or care, the commissioner shall have exclusive jurisdiction to determine the reasonable value of such service or care. Any interested party may petition for a hearing and all interested parties shall be entitled to notice and hearing if it is determined that all reasonable efforts to resolve the dispute have failed.
(e) The commissioner or the commissioner's authorized representative shall make a finding as to the reasonable value of such services or care rendered.
(f) Any party in interest aggrieved by such a finding may appeal to the compensation appeals board under RSA 281-A:43.
II. If the commissioner finds that a health care provider, health care facility, or rehabilitation provider has required unnecessary treatment, hospitalization, rehabilitation services or office visits, or other excessive charges, the health care provider, health care facility, or rehabilitation provider shall not receive payment under this chapter from a carrier, employer, or employee for the excessive fees or unnecessary treatment, hospitalization, rehabilitation services, or visits. In addition, the health care provider, health care facility, or rehabilitation provider shall be required to return to the carrier, self-insurer, employer or injured employee any such fees or charges already collected.
III, IV. [Repealed.]
V. The commissioner shall assess a civil penalty not to exceed $2,500 for violations of this section which are willful or which demonstrate a pattern of improperly charging or overcharging employers or workers' compensation insurers.
Source.
1988, 194:2. 1990, 198:1, 254:15. 1995, 15:1. 1997, 343:3, 4, eff. July 1, 1997; 343:5, 11, I, eff. Jan. 1, 1998. 2015, 210:3, eff. Sept. 4, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:25-a - Reinstatement of Employee Sustaining Compensable Injuries.

281-A:25-a Reinstatement of Employee Sustaining Compensable Injuries. –
I. An employee of an employer who employs 5 or more employees, who has sustained an injury, shall be reinstated by the employer to the employee's former position of employment upon request for such reinstatement, if the position exists and is available and the employee is not disabled from performing the duties of such position, with reasonable accommodations for the employee's limitations. For the purposes of this section an employee's former position is "available" even if that position has been filled by a replacement while the injured employee was absent. If the former position has been eliminated, the employee shall be reinstated in any other existing position which is vacant and suitable with reasonable accommodations for the employee's limitations. A certificate by the employee's attending physician that the physician approves the employee's return to the employee's regular employment with reasonable accommodations for the employee's limitations, shall be prima facie evidence that the employee is able to perform such duties. Reinstatement under this section shall be subject to the provisions for seniority rights and other employment restrictions contained in a valid collective bargaining agreement between the employer and a representative of the employer's employees.
II. Notwithstanding paragraph I of this section:
(a) The right to reinstatement to the employee's former position under this section terminates when any one of the following events occurs:
(1) A medical determination by the attending physician or finding by the commissioner that the employee cannot return to the former position of employment.
(2) The employee accepts employment with another employer.
(3) Eighteen months from the date of injury.
(b) The right to reinstatement under this section shall not apply to:
(1) An employee hired on a temporary basis as a replacement for an injured employee.
(2) An employee whose employer employs 4 or fewer employees at the time of the employee's injury and at the time of the employee's demand for reinstatement.
(3) An employee employed on a construction project, when the project is completed.
III. The right to reinstatement shall not be forfeited if the employee refuses to return to the employee's regular or other offered employment without release to such employment by the employee's attending physician.
IV. The commissioner may assess employers in violation of this section all weekly wage benefits retroactive to the date the injured employee was eligible for reinstatement.
Source.
1994, 3:6, eff. Feb. 8, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:26 - Compensation for Death.

281-A:26 Compensation for Death. –
If death results from an injury, weekly compensation shall be paid to the dependents of the deceased employee in an amount provided by the compensation schedule in RSA 281-A:28 as follows:
I. In all cases in which compensation is payable to a widow or widower for the benefit of herself or himself and dependent children, the commissioner shall have the power to determine from time to time, in the commissioner's discretion, what portion of the compensation shall be applied for the benefit of any such children and may order the same paid to a guardian.
II. In the case of the remarriage of a widow or widower without dependent children, compensation payments shall cease.
III. In the case of the remarriage of a widow or widower who has dependent children, the unpaid balance of compensation which would otherwise become due shall be payable to the mother, father, or guardian, or such other person as the commissioner may order, for the use and benefit of such children during dependency.
IV. The employer shall pay burial expenses not to exceed $10,000.
V. Any dependent, except a widow or a widower or children, who, at the time of the injury to the person covered under this chapter, is only partially dependent upon the injured person's earnings shall receive such proportion of the benefits provided for those wholly dependent as the amount of the wage contributed by the deceased to such partial dependent at the time of the injury bore to the total support of the dependent.
VI. Compensation for a dependent child shall continue until the child becomes 18 years of age, or until the child becomes 25 years of age if such child is enrolled as a full-time student in an accredited educational institution. However, if the commissioner determines that the child is self-supporting or if the child marries or is legally adopted, compensation shall cease. A dependent child who is physically or mentally incapacitated shall continue to receive compensation as long as the incapacity continues. This paragraph shall have no effect on accidents or fatalities occurring prior to July 1, 1975, which shall be governed by the provisions of workers' compensation law prior to that date.
VII. Compensation payable to any dependent other than a widow, widower, or children shall cease when such dependent is married, is legally adopted, or is determined by the commissioner to be self-supporting.
Source.
1988, 194:2. 1990, 254:17. 2009, 78:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 281-A - Workers' Compensation › Section 281-A:27 - Payment for Death After Payment for Disability.

281-A:27 Payment for Death After Payment for Disability. –
The total amount of benefit in case of a death shall not exceed the balance remaining between the amounts paid for disability and the total compensation payable under this chapter.
Source.
1988, 194:2, eff. July 1, 1989.