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New Hampshire Workers Compensation Laws

Workers compensation law, rules and policy information for the State of New Hampshire

State:  New Hampshire

Updated:  01-10-2017

Authority/State Rating Bureau:  NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362

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

Small Deductible Program:
  • Allowed:  Yes - It is mandatory that insurance carriers make available
  • Deductible Range:  $500 - $5,000
  • Type:  Medical and Indemnity
  • Effect on Experience Rating:  Gross
  • Available In:  Voluntary and Residual Market
  • For More Information About How Deductible Programs Work

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. The rating payroll for included sole proprietors is $45,700 as of 1-1-12, $23,500 as of 1-1-2013, $24,000 as of 1-1-2014, $24,300 as of 1-1-2015. $25,500 as of 1-1-2016. $26,100 as of 1-1-2017.

Partners:  Excluded from coverage/may elect to be included - Treated same as sole proprietors. When included a rating payroll of $45,700 is used as of 1-1-12, $23,500 as of 1-1-2013, $24,000 as of 1-1-2014, $24,300 as of 1-1-2015. $25,500 as of 1-1-2016. $26,100 as of 1-1-2017.

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. When included the rating payroll is banded between a mimimum of $46,800 and a maximum of $182,000 as of 1-1-12, $23,400 / $187,200 as of 1-1-2013, $23,400 / $192,400 as of 1-1-2014, $450 per week/$3,700 per week as of 1-1-2015, $500 per week/$3,900 per week as of 1-1-2016, $500 per week/$4,000 per week as of 1-1-2017. If an Unincorporated Association the minimum is $23,400 and the maximum is $93,600 as of 1-1-12 and $11,700 / $93,600 as of 1-1-2013, $11,700 / $93,600 as of 1-1-2014, $225 per week/$1,900 per week as of 1-1-2015, $250 per week/$2,000 per week as of 1-1-2016, $250 per week/$2,000 per week as of 1-1-2017.

LLC Members:  Treated as a corporation, see above.

Election or Rejection of Coverage Forms:
  • Executive Officers and LLC Members may be excluded by providing their individual names, date of birth, address and titles to the insurance agent writing the workers compensation policy who in turn must report that information to the insurance company who in turn must report that information to the New Hampshire Department of Labor. For specific questions about inclusion or exclusion from New Hampshire Workers Compensation Coverage contact the Department of Labor at 603-271-3175.

A Note About Forms:  Be sure to contact your insurance company for information about additional forms they may use for exclusion or inclusion of coverage.

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.

Experience Rating Eligibility:  New Hampshire employers will receive an experience modification rate or EMR when they meet one of these triggers:
  • $11,000 in policy premium is generated during the last year or last two years.
  • $5,500 is the average policy premium generated for more than two years.

New Hampshire Subrogation:  New Hampshire statute 281-A:13 the statute that deals with workers compensation subrogation in this state. Liability of Third Person is the name of this section of the New Hampshire Statute. Just below you'll find we've provided a direct link to this code for your use.

New Hampshire Subrogation Statute

New Hampshire Workers Working In Other States; Other States Workers Working In New Hampshire, Extraterritorial, Reciprocity and Non-Compliance:  When New Hampshire workers are working temporarily in another state, workers compensation coverage for that worker is then governed by the extraterritorial provisions found in New Hampshire statutes. When or if allowed it's extraterritorial provisions that allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions and New Hampshire is one of them. It's reciprocity that governs how New Hampshire workers compensation coverage responds for a worker from another state who is working temporarily in New Hampshire and you'll find New Hampshire does not acknowledge reciprocity. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We've provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your New Hampshire state authority with your specific questions concerning this topic!

  • Extraterritorial: 
    • Provisions: No
    • Duration: Does not apply
  • Reciprocity: 
    • Allowed: No
  • Specific Statute:  Has Been Repealed
  • For More Information Contact:  New Hampshire Workers Compensation Division shown below.

Regulated By: 

Workers' Compensation Division
New Hampshire Department of Labor
95 Pleasant Street
Concord, NH 03301
(603) 271-2042
New Hampshire Workers Compensation Division

Workers Compensation Statute: 

New Hampshire Workers Compensation Statute

Didn't find what you're looking for? Search here for more about New Hampshire rules: 

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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.

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