Being involved in a personal injury case can involve great personal grief and crisis. Victims of accidents need to obtain competent counsel who can offer their professional judgment and guide them through the maze of insurance carriers, medical providers and the Court system. In most cases, a fair recovery can be obtained through negotiation which leads to settlement without the necessity of appearing in Court. In other cases, however, vigorous representation in the Court system may be necessary to obtain a just result. Attorney Garner is available to speak with you by phone to immediately assess your needs and to make arrangements for a free consultation in the office, at your home, or some other convenient location.

If you have been injured while at work, there is a distinctly different process to obtain reasonable compensation and benefits as compared to some other injury such as an automobile accident. In that type of case or in a slip and fall occurrence or medical malpractice action, the victim of the injury has the burden of proving that someone else caused the injury by their negligent conduct or carelessness. If you are injured at work, you are entitled to certain benefits regardless of whether there is any fault on the part of anyone. The purpose of the theory behind the worker's compensation system is to provide immediate help to the injured worker without the requirement that he or she prove that someone else's conduct caused the accident.

While an injured worker does not need to prove fault under this system of recovery, there are limitations to the amount and type of benefits one is entitled to. For example, in a worker's compensation case, there is no recovery for damages such as pain and suffering or for the full recovery of lost wages. The worker's compensation system limits compensation for lost wages to 60% of a worker's average weekly wage.

The processing of worker's compensation cases in New Hampshire is administered through the New Hampshire Department of Labor. While the worker's compensation system is often thought of by an injured worker as a "user friendly system", insurance carriers and employers routinely have the benefit of competent and experienced legal counsel to represent their interests. Except in limited circumstances, it is in the best interests of an injured worker to obtain their own representation that can adequately explain your entitlement to benefits and proceed expeditiously in obtaining the full range of benefits that you are entitled to.

Victims of work related injuries are entitled to four basic types of benefits. If you are hurt at work and the injury is causally related to your employment, you are entitled to receive 60% of your average weekly pay for the period you are out of work. This is your weekly disability payment. Computation of your average weekly wages may be complicated by the manner in which you are paid, by the number of weeks that you have been employed at that position and would depend upon whether you are working more than one job.

In addition to disability pay, you are entitled to have all of your reasonable and necessary medical expenses paid by the employer or their insurance company. There are specific limits as to which doctors or health providers an injured employee can see and at what rate the insurance carrier will pay these bills. There is also a provision in the law for reimbursement of mileage expenses for travel to and from medical treatment, as well as reimbursement for any medication and other necessary health aides.

If your injury results in a permanent impairment, you may be entitled to receive a permanent impairment award. For example, if you were to lose a certain percentage of the use of your hand or leg as a result of an injury, you would receive a monetary payment. Under the New Hampshire system, not all permanent injuries result in an impairment award. The nature and extent of the permanent impairment must be determined by your doctor. It is important to note that in many circumstances, the insurance company and/or employer, will not disclose to you, that you are entitled to benefits under this provision of the law. Finally, if you are unable to return to your previous job, the employer and insurance company involved has an obligation to assist with vocational training and job placement assistance. Vocational rehabilitation may involve trying to find you a different job at your old employer, finding you a new job at a new employer and may also involve educational training and assistance.

Attorney's fees in worker's compensation cases are similar to other personal injury matters in the sense that they are contingent upon a recovery by the injured party. In the area of worker's compensation, the New Hampshire Department of Labor is responsible for administering and overseeing the payment of attorney's fees. Attorney's fees in a worker's compensation case are typically 20% of the benefit received whereas in more standard personal injury matters, the contingent fee is generally 33% or higher. As with any personal injury matter, Attorney Garner is available to provide immediate information to you over the phone and can set up a free consultation in the office or at your home on a schedule which is convenient for you.