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★ New Hampshire · workplace

Workplace settlements
in New Hampshire.

By 9 min read

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 compThe 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 dutyA 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 benefitsThe 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)
★ band · US federal frame
Scheduled statutory benefits, no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. New Hampshire's fault rule and any applicable cap then adjust the figure.

★ NH · reported workplace outcomes

What New Hampshire courts have awarded.

Real New Hampshire decisions and verdicts, each linked to the court record or official report.

  • New Hampshire Supreme Court · 2016
    $4,138,200.90 fee request; denial vacated

    Thomas Phillips was left quadriplegic by a workplace accident in 2006 and filed for comp in 2009. His fee agreement gave counsel one third of past and future benefits, and he asked the board for $4,138,200.90 including expenses. The board refused the contingent fee. The Supreme Court vacated that decision and sent it back.

  • New Hampshire Supreme Court · 2018
    Summary judgment for the defendants affirmed

    In February 2013 Steven Grady, working for a roofing subcontractor on a Liberty Mutual building in Dover, used a torch to warm his hands on a cold, windy day. A gust came as he lit it and his right glove ignited. He received comp from his employer, then sued the general contractor and owner. The court held they owed him no duty of supervision, training or equipment.

★ NH · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in New Hampshire.

  1. 1

    Put your fee agreement in writing and ask the board to approve it early.

  2. 2

    Suits against a general contractor need a duty it actually took on; Grady had none to point to.

  3. 3

    Comp remains the main remedy against your own employer.

★ NH · statute of limitations
3 years from date of injury

N.H. Rev. Stat. § 508:4

★ NH · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How New Hampshire's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
New Hampshire · you are hereModified comparative, 51% bar3 years from date of injury—
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · workplace →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · workplace →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · workplace →
Rhode IslandPure comparative negligence3 years from date of injuryRI · workplace →
VermontModified comparative, 51% bar3 years from date of injuryVT · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
OhioModified comparative, 51% bar2 years from date of injuryOH · workplace →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · workplace →
OregonModified comparative, 51% bar2 years from date of injuryOR · workplace →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · workplace →
New MexicoPure comparative negligence3 years from date of injuryNM · workplace →
North CarolinaPure contributory negligence3 years from date of injuryNC · workplace →
★ NH · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for New Hampshire's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in New Hampshire. See /methodology, /sources, and /disclaimer.