New Hampshire Revised Statutes 281-A:28 – Compensation for Temporary Total Disability
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An employer subject to this chapter, or the employer’s insurance carrier, shall pay workers’ compensation to an employee sustaining a personal injury which is totally disabling, but temporary in nature, and the employee is unable to return to work, but has not achieved maximum medical improvement, but not for the first 3 days of disability unless the disability continues for 14 days or longer, as follows:
I. If an employee’s average weekly wage is 30 percent or less of the state‘s average weekly wage, weekly compensation shall be the full amount of that employee’s average weekly wage. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee’s after tax earnings as determined by N.H. Rev. Stat. § 281-A:15.
II. If an employee’s average weekly wage is over 30 percent of the state’s average weekly wage, weekly compensation shall be 60 percent of that employee’s average weekly wage or 30 percent of the state’s average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state’s average weekly wage rounded off to the nearest dollar as the commissioner determines for the year in which the injury occurred. In no event shall the maximum weekly compensation rate exceed 100 percent of the employee’s after tax weekly earnings as determined under N.H. Rev. Stat. § 281-A:15. For purposes of this section, the department of employment security shall establish the state’s average weekly wage for the immediate preceding calendar year to be effective the following July 1.
III. Notwithstanding the provisions of N.H. Rev. Stat. § 281-A:26, 28, 29, and 32, the compensation of persons who regularly operate businesses or practice their trades, professions, or occupations as provided by N.H. Rev. Stat. § 281-A:2, VI shall be computed on the basis of 80 percent of their average weekly salary, but no more than 150 percent of the state’s average weekly wage. The state’s insurance commissioner is hereby authorized to review and approve an appropriate classification for the foregoing class of persons and a reasonable rate, if the commissioner chooses to do so.
I. If an employee’s average weekly wage is 30 percent or less of the state‘s average weekly wage, weekly compensation shall be the full amount of that employee’s average weekly wage. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee’s after tax earnings as determined by N.H. Rev. Stat. § 281-A:15.
Terms Used In New Hampshire Revised Statutes 281-A:28
- Commissioner: means the labor commissioner appointed as provided in RSA 273. See New Hampshire Revised Statutes 281-A:2
- employee: includes persons who regularly operate businesses or practice their trades, professions, or occupations, whether individually, or in partnership, or association with other persons, whether or not they hire others as employees. See New Hampshire Revised Statutes 281-A:2
- Employer: with respect to private employment, means:
(a) A person, partnership, association, corporation, or legal representative of a person, partnership, association or corporation who employs one or more persons whether in one or more trades, businesses, professions or occupations and whether in one or more locations. See New Hampshire Revised Statutes 281-A:2 - following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Injury: or "personal injury" as used in and covered by this chapter means accidental injury or death arising out of and in the course of employment, or any occupational disease or resulting death arising out of and in the course of employment, including disability due to radioactive properties or substances or exposure to ionizing radiation. See New Hampshire Revised Statutes 281-A:2
- Insurance carrier: shall include any corporation licensed to sell insurance in this state from which an employer has obtained a workers' compensation insurance policy in accordance with the provisions of this chapter. See New Hampshire Revised Statutes 281-A:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. If an employee’s average weekly wage is over 30 percent of the state’s average weekly wage, weekly compensation shall be 60 percent of that employee’s average weekly wage or 30 percent of the state’s average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state’s average weekly wage rounded off to the nearest dollar as the commissioner determines for the year in which the injury occurred. In no event shall the maximum weekly compensation rate exceed 100 percent of the employee’s after tax weekly earnings as determined under N.H. Rev. Stat. § 281-A:15. For purposes of this section, the department of employment security shall establish the state’s average weekly wage for the immediate preceding calendar year to be effective the following July 1.
III. Notwithstanding the provisions of N.H. Rev. Stat. § 281-A:26, 28, 29, and 32, the compensation of persons who regularly operate businesses or practice their trades, professions, or occupations as provided by N.H. Rev. Stat. § 281-A:2, VI shall be computed on the basis of 80 percent of their average weekly salary, but no more than 150 percent of the state’s average weekly wage. The state’s insurance commissioner is hereby authorized to review and approve an appropriate classification for the foregoing class of persons and a reasonable rate, if the commissioner chooses to do so.