Workers' compensation is a reliable source of state-specific exam questions, and New Hampshire has its own administering body, benefit structure, and market to know. This standalone guide explains the national "grand bargain" fundamentals, then focuses on the New Hampshire system: a private-insurer market whose claims and disputes are administered through the New Hampshire Department of Labor, while the Insurance Department regulates the carriers and rates. Learn the New Hampshire overlay well—several questions usually come from here.
The national fundamentals (quick version)
Across the country, workers' compensation rests on the "grand bargain" or exclusive remedy doctrine:
- Employees give up the right to sue their employer over a job-related injury.
- In exchange, employers provide guaranteed, no-fault benefits—medical care, wage replacement, rehabilitation, and death benefits—regardless of fault.
Covered injuries are those arising out of and in the course of employment (AOE/COE), including sudden accidents and occupational diseases. A standard policy carries Coverage A (statutory benefits, no dollar limit) and Coverage B (Employers Liability, with limits). Premium is based on payroll per $100 times a classification rate, adjusted by an experience modification factor. All of this is true in New Hampshire, with the state setting the administering body, benefit structure, and the coverage requirement.
New Hampshire: a no-fault statutory system
Workers' compensation is a no-fault system: benefits are paid for a work-related injury regardless of who was at fault. The employee need not prove the employer was negligent, and the employer cannot defend by pointing to the employee's carelessness. In return, the exclusive remedy rule means the employee generally cannot also sue the employer in tort for that injury—statutory benefits take the place of a lawsuit.
New Hampshire requires essentially all employers with employees to carry workers' compensation coverage (or qualify as an approved self-insurer)—the threshold is strict, often described as even one employee triggering the requirement (verify the current rule). Coverage is purchased from private, admitted insurance carriers; New Hampshire is not a monopolistic state-fund jurisdiction. Failing to carry required coverage exposes the owner to penalties and personal liability.
The New Hampshire Department of Labor administers comp
New Hampshire administers the workers' compensation system through the New Hampshire Department of Labor, which houses the Workers' Compensation Division.
- The Department of Labor oversees administration, required filings, claim processing, and dispute resolution (hearings) between injured workers and employers/insurers.
- The New Hampshire Insurance Department, by contrast, regulates the insurers, forms, and rates behind the coverage.
- Note the split for the exam: the Insurance Department regulates insurers and rates, while the Department of Labor handles workers' comp claims and disputes. Don't confuse the two, and don't route a comp dispute to the Department of Motor Vehicles or federal OSHA.
Benefit types for injured workers
New Hampshire provides a familiar set of benefit categories. Know them at a conceptual level:
- Medical benefits — reasonable and necessary care for the work injury, generally with no dollar cap.
- Temporary total disability — wage replacement while the worker is completely unable to work during recovery.
- Temporary partial disability — paid when the worker returns to lighter or part-time duty at reduced wages while still recovering.
- Permanent partial impairment — for a lasting impairment that does not totally disable the worker.
- Permanent total disability — for injuries that permanently prevent gainful work.
- Death benefits — paid to eligible surviving dependents, plus a burial/funeral allowance.
Wage-replacement benefits are calculated as a percentage of the worker's wage (the disability rate is commonly cited around 60% of the worker's average weekly wage in New Hampshire—verify), subject to state maximum and minimum weekly amounts that adjust periodically. Because those caps change, focus on the structure and the benefit names rather than memorizing a current dollar figure.
Vocational rehabilitation
New Hampshire may also provide vocational rehabilitation / reemployment benefits—retraining or job-placement help—when an injury keeps a worker from returning to their old job. This reflects the system's goal of getting workers back to productive employment, not just paying claims.
What's covered—and what isn't
Workers' comp responds to injuries and illnesses that arise out of and in the course of employment. That includes sudden accidents (a fall, a machine injury) and occupational diseases that develop from job exposure over time.
Typical limits and exclusions the exam likes to probe:
- Off-the-job injuries are not covered—the harm must be work-related.
- Self-inflicted injuries and injuries while intoxicated or committing a crime are generally excluded.
- Horseplay and purely personal activities may fall outside coverage.
- Independent contractors are generally not employees for comp purposes, though misclassification is heavily scrutinized.
- Workers' comp covers employees injured on the job—not customers, passersby, or competitors (those are general-liability exposures).
Premium, classification, and the policy's two parts
Workers' comp premium is not a flat fee—it is driven by payroll and risk:
- Premium is based on payroll per $100 of remuneration, multiplied by a classification (class code) rate reflecting the hazard of the job duties.
- An experience modification factor (mod) then adjusts the premium up or down based on the employer's own loss history compared with similar employers—safer-than-average employers earn a credit (mod below 1.0).
- Because payroll is estimated up front, policies are subject to a premium audit at the end of the term that trues up the premium to actual payroll.
- The policy pairs Coverage A (statutory benefits, no dollar limit) with Coverage B (Employers Liability), which covers certain work-injury suits that fall outside the statutory benefits and carries stated limits.
For employers that can't buy coverage in the voluntary market, New Hampshire maintains a residual / assigned-risk mechanism so mandatory coverage can still be obtained (verify the current program).
Key New Hampshire numbers to memorize
| Item |
New Hampshire rule |
| Is workers' comp mandatory? |
Yes for employers with employees (often even one, verify) |
| Market type |
Private carriers (self-insurance if qualified) |
| Monopolistic state fund? |
No |
| Claims/dispute body |
New Hampshire Department of Labor (Workers' Comp Division) |
| Insurer/rate regulator |
New Hampshire Insurance Department |
| Fault basis |
No-fault (benefits regardless of fault) |
| Employee's tradeoff |
Exclusive remedy (generally cannot sue employer in tort) |
| Wage-replacement benefits |
Temporary total/partial, permanent partial/total, death |
| Wage-replacement rate |
Commonly ~60% of average weekly wage (subject to state max/min, verify) |
| Medical benefits |
Generally no dollar cap |
| Premium basis |
Payroll and classification codes, adjusted by experience mod |
| Policy coverage parts |
Coverage A (statutory) + Coverage B (employers liability) |
Common exam traps
- New Hampshire workers' comp is mandatory—often triggered by even one employee; don't treat it as elective.
- New Hampshire uses private carriers, not a monopolistic state fund.
- The Department of Labor—not the Insurance Department—handles comp claims and disputes. The Insurance Department regulates insurers and rates.
- Benefits are no-fault: the worker need not prove employer negligence, and the worker's own carelessness is not a defense.
- Exclusive remedy means the employee generally cannot also sue the employer in tort for the same injury.
- Coverage A has no dollar limit (statutory benefits); Coverage B (Employers Liability) is the part with stated limits.
- Treat the ~60% wage rate and any weekly dollar caps as approximate—they are adjusted periodically.
Quick recap
- Workers' comp rests on the grand bargain: no-fault benefits in exchange for giving up the right to sue (exclusive remedy).
- New Hampshire runs a private-carrier market (with qualified self-insurance) and requires employers with employees to carry coverage.
- The New Hampshire Department of Labor administers the system and resolves disputes—separate from the Insurance Department, which regulates carriers and rates.
- Benefits include medical (no cap), wage replacement (temporary and permanent disability), death/burial, and vocational rehabilitation, with wage benefits commonly ~60% of the worker's average weekly wage subject to state max/min.
- Policies pair Coverage A (statutory, unlimited) with Coverage B (employers liability, limited), and premium is driven by payroll, class codes, and the experience mod.
Practice questions are study aids generated for exam preparation and are not actual exam
questions. Content is provided for educational purposes and is not legal advice. Verify current statutes, rules,
and exam specifications with the Insurance Department and the exam administrator before relying on it.