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New Hampshire Workers Compensation Laws
Workers compensation policy information for the State of New Hampshire
- State: New Hampshire
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
- Compulsory: Yes
- Private Insurance: Allowed
- Self-Insurance: Allowed
- State Fund: None
- Assigned Risk: Assigned Risk Plan of the National Council of Compensation Insurance - If an agency or carrier refuses to provide coverage on a voluntary basis, they must advise the employer about the availability of coverage under the Assigned Risk Plan of the National Council of Compensation Insurance and must also provide the necessary application form.
- Numerical Exceptions: None - Under the New Hampshire Workers' Compensation Law RSA 281-A:5, every employer who has any employees, full or part-time, is required to cover these employees with workers' compensation insurance written by a carrier. It does not matter if they are related, such as daughter, son, husband, etc. It also does not matter if the business is a "Non-Profit" organization.
- Individual Waivers Allowed: No
- Sole Proprietor: Excluded from coverage/may elect to be included - Sole-proprietors, partners and self-employed persons are not required by law to carry workers' compensation on themselves but may elect to be covered, per RSA 281-A:3. Sole proprietors or partners operating as Sub-Contractors, even those without employees, may be required by a General Contractor to carry workers' compensation coverage as part of their private agreement.
- Partners: Excluded from coverage/may elect to be included - Treated same as sole proprietors
- Corporate Officers: Included in coverage/may elect to be exempt - A corporation or LLC may elect to exclude up to 3 executive officers, under RSA 281-A:18a However, this exclusion does not apply to such person if they actively engage in on-site work at a construction site.
- LLC Members: Treated as a corporation, see above.
- Contractors: An independent contractor must meet the criteria defined in RSA 281-A:2 VI. This includes possession of a federal employer identification number, having control over the performance of the work and the time the work is performed. An independent contractor is not required to work exclusively for one employer.
- Special Notes: The primary responsibility for obtaining workers’ compensation insurance coverage rests upon employers who must apply for and obtain coverage prior to the hiring of any employee. Insurance agencies and carriers, however, share in this coverage responsibility, beginning with their receipt of an application for coverage. If an agency or carrier refuses to provide coverage on a voluntary basis, they must advise the employer about the availability of coverage under the Assigned Risk Plan of the National Council of Compensation Insurance and must also provide the necessary application form.
After coverage is in effect, the employer will receive from the insurance carrier a NOTICE OF COMPLIANCE, Form No. WCP-1, which needs to be posted in a conspicuous spot in the place of business. This poster contains basic information regarding the rights and responsibilities of both employer and employees, as well as the name of the insurance carrier underwriting the workers’ compensation coverage.
The only business exempt from the requirement to purchase workers’ compensation coverage are sole proprietorships (selfemployed persons) and corporations which have only three corporate officers and no employees other than these three officers. There is often confusion about the respective responsibilities of employers and subcontractors in providing workers’ compensation coverage for workers. If you utilize the services of subcontractors in your business, be certain that any subcontractors you use have arranged to provide required workers’ compensation coverage for their employees. Otherwise, you may be held liable to the compensation of any injuries that occur to the subcontractor’s employees.
- Regulated By:
- Workers' Compensation Division
- New Hampshire Department of Labor
- 95 Pleasant Street
- Concord, NH 03301
- (603) 271-2042
- http://www.labor.state.nh.us/workers_compensation.asp
- Workers Compensation Statute:
- http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXIII-281-A.htm
- Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
WORKERS COMPENSATION CONSULTANT
Voice: (573) 999-6948
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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