Is Coronavirus Keeping You from Work?

Workers’ Comp and Unemployment Benefits Can Help

New Hampshire requires all employers to provide Workers’ Compensation insurance coverage for their employees.  Benefits are set by law for workers injured at work or who suffer a work related illness or disability.  Catching COVID-19 while at work if documented is a compensable claim for which workers’ compensation would be required to pay. That coverage includes compensation based on your average weekly wage, payment of medical bills, permanent disability awards where applicable, and, if required by the family, death claims.  Consult an attorney about processing you claim if being on the job exposed you to this novel threat.

In the event that you are not able to document the source of contracting COVID-19, or simply face a lay off or a significant cut in your hours, recent Executive Orders have suspended the traditional waiting periods for submitting an unemployment claim.  Unemployment compensation benefits are authorized now without the usual requirements that the worker be ready and able to go to work and actively seeking a job. 

New Hampshire’s Employment Security benefits are more limited than Workers’ Compensation claims but still help workers displaced by this new threat.  The current average unemployment benefit is $333 per week.  The maximum New Hampshire benefit is $427 per week.  The maximum length of time to receive benefits is currently 26 weeks, although additional weeks may become available if a period of prolonged high unemployment becomes the new normal in 2020. 

Visit the NHES page for more information about filing a claim:

https://www.nhes.nh.gov/services/claimants/file.htm.

BEWARE!! Timing to file court claim. NH 3 year law can be reduced.

The New Hampshire Supreme court in the recent case of Zannini v. Phenix Mutual Fire Insurance Co. stated that an insurance contract, that few of us actually read,  could possibly change your traditional timing to pursue your legal claim.  In that case, a property owner suffered a loss, had a dispute with his insurance company and later saw an attorney to file suit.  That dispute covered by an insurance contract would normally, by law, give the home owner 3 years to sue the insurance company if no agreement is reached with the insurance company. The insurance policy in this case, provided for a one year window of time to file suit against the insurance company. The Supreme Court said the insurance policy can trump the NH 3 year statute of limitations.

Accordingly, if you ever have an insurance claim, please make certain that you read your entire insurance policy and especially the dispute resolution provision immediately.

This is the time of year when many companies update or change their policies. Be vigilant in reviewing and understanding what changes there are so you can best protect yourself.

If you need assistance with filing a claim and understanding your rights under NH law, contact one our experienced Manchester, NH attorneys for a free consultation.

Icy roads? Who is at fault for the crash?

We remind our New England clients and friends to make certain that they have good winter tires during this season and beware that most tires won’t help you stop on ice covered roads.
 
“I couldn’t stop,” or “There was black ice,” are NOT legal excuses for the crash.  All drivers have a duty to drive in a manner and speed consistent with the conditions.  Certainly your rear end crash was not intentional and the pavement did not react like dry pavement.  Still it is your legal fault.
 
From my own experience as a personal injury lawyer in New Hampshire, even all season tires and ABS brakes will only slow you down and not easily stop you when there is ice on the road.  We recommend that you safely test your brakes when driving along the roadway and allow yourself much more room than you think is required to slow down. Maybe your vehicle just will not completely stop before you reach the car in front of you.
 
Fortunately, many of these rear end collisions do not cause much damage.  We see clients all winter long, however, where they sustained whiplash strain injuries or even further damages.  Even if the victim is an older person with osteoporosis but is otherwise functioning well in life, the rear end crash may push her over the edge causing new symptoms and limitations due to this crash.  The careless driver is still at fault.
 
When in an accident, make certain that you take notes of the conditions and photograph the damage, if possible.  When injured, seek immediate treatment and follow up with your own primary care physician as well.
 
As usual, feel free to give us a call. IT IS FREE. We will be glad to provide a no charge phone consultation and send you in the right direction.  We hope you will never need to call.  But if you do get in an accident, please feel free to call.  It will certainly save some hassle with the insurance company at the very least.

If you were injured in an accident in NH or throughout New England, speak with an experienced personal injury attorney in New Hampshire before reaching out to the insurance carriers.  Contact our law office at 603-624-6555 for a free consultation.