Workplace settlements
in New Hampshire.
A worker left quadriplegic in a 2006 workplace accident asked the comp board for a one third contingent fee, which he calculated at $4,138,200.90. The Supreme Court sent the fee decision back in 2016. A roofer whose glove caught fire as he warmed his hands with a torch on a windy Dover roof could not sue the general contractor or the building owner.
Facts that decide a workplace claim in New Hampshire
| Attorney fees in comp | The board sets a claimant’s attorney’s fees under RSA 281-A:44; Phillips asked for a contingent fee on the full value of his benefits.Appeal of Phillips (N.H. 2016) |
|---|---|
| Contractor duty | A general contractor and owner did not owe a subcontractor’s employee a duty to provide supervision, training or safety equipment.Grady v. Jones Lang LaSalle (N.H. 2018) |
| Cutting comp benefits | The carrier “bears the burden of proof to demonstrate that such a reduction or termination is warranted by a change in condition.”RSA 281-A:48, I, quoted in Appeal of Malo (N.H. 2017) |
The US band is the starting point. New Hampshire's fault rule and any applicable cap then adjust the figure.