The New Hampshire workers compensation act — formally the New Hampshire Workers’ Compensation (New Hampshire Revised Statutes Annotated Chapter 281-A, titled “Workers’ Compensation”; this chapter is commonly called the New Hampshire Workers’ Compensation Law), found at N.H. Rev. Stat. Ann. (RSA) Title XXIII (Labor), Chapter 281-A — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the New Hampshire workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
New Hampshire at a Glance
| Official name | Workers’ Compensation (New Hampshire Revised Statutes Annotated Chapter 281-A, titled “Workers’ Compensation”; this chapter is commonly called the New Hampshire Workers’ Compensation Law) |
| Where it lives | N.H. Rev. Stat. Ann. (RSA) Title XXIII (Labor), Chapter 281-A |
| First enacted | 1911 |
| Reporting deadline | Within 2 years of the injury, or of the date the worker knows or should reasonably know the injury and its possible link to work (RSA 281-A:19). Employers must file the First Report of Injury with the Labor Commissioner within 5 days of learning of the injury (RSA 281-A:53, I). |
| Filing deadline | Within 3 years of the injury, or of the date the worker knows or should reasonably know the injury and its possible link to work (RSA 281-A:21-a). |
| Exclusive remedy | RSA 281-A:8. Workers’ comp is the exclusive remedy against the employer and its insurer. Main exception: under RSA 281-A:8, I(b), a worker may sue a co-employee for an intentional tort, which requires showing the injury was “substantially certain” to happen. RSA 281-A:8 also keeps common-law wrongful-termination claims available, but a worker who files a comp claim for injuries caused by the termination is treated as having chosen comp instead. |
In This New Hampshire Guide:
What the New Hampshire Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The New Hampshire workers compensation act dates to 1911. It lives at N.H. Rev. Stat. Ann. (RSA) Title XXIII (Labor), Chapter 281-A, and the official text is linked in the sources.
The benefit floor is 30 percent of the state average weekly wage (RSA 281-A:28). Injured workers at employers with 5 or more employees have a reinstatement right lasting 18 months (RSA 281-A:25-a). Appeals to the Compensation Appeals Board are heard fresh (de novo) by a panel representing labor and employers (RSA 281-A:42-a). Many claimants should confirm details with the NH Department of Labor and a licensed attorney.
Who the New Hampshire Workers Compensation Act Covers
RSA 281-A:5. Every employer with 1 or more employees (full-time, part-time or seasonal) must carry workers’ compensation insurance or be an approved self-insurer. A separate section lists the exempt classes — commonly some domestic, casual and agricultural work, and owners who elect out.
Deadlines in the New Hampshire Workers Compensation Act
Waiting period: RSA 281-A:22. No pay for the first 3 days of disability unless the disability lasts 14 days or longer.. Wage-loss rate: RSA 281-A:28. Pays 60 percent of the worker’s average weekly wage, or 30 percent of the state average weekly wage if that is greater. The weekly maximum is 150 percent of the state average weekly wage, which is reset every year.
Check the NH Department of Labor for the current figure..
New Hampshire Workers Compensation Act: Key Sections at a Glance
The sections of the New Hampshire workers compensation act that decide most cases, each with its citation:
| Coverage mandate | RSA 281-A:5. Every employer with 1 or more employees (full-time, part-time or seasonal) must carry workers’ compensation insurance or be an approved self-insurer. |
| Report an injury | Within 2 years of the injury, or of the date the worker knows or should reasonably know the injury and its possible link to work (RSA 281-A:19). Employers must file the First Report of Injury with the Labor Commissioner within 5 days of learning of the injury (RSA 281-A:53, I). |
| File a claim | Within 3 years of the injury, or of the date the worker knows or should reasonably know the injury and its possible link to work (RSA 281-A:21-a). |
| Waiting period | RSA 281-A:22. No pay for the first 3 days of disability unless the disability lasts 14 days or longer. |
| Wage-loss rate | RSA 281-A:28. Pays 60 percent of the worker’s average weekly wage, or 30 percent of the state average weekly wage if that is greater. The weekly maximum is 150 percent of the state average weekly wage, which is reset every year. Check the NH Department of Labor for the current figure. |
| Exclusive remedy | RSA 281-A:8. Workers’ comp is the exclusive remedy against the employer and its insurer. Main exception: under RSA 281-A:8, I(b), a worker may sue a co-employee for an intentional tort, which requires showing the injury was “substantially certain” to happen. RSA 281-A:8 also keeps common-law wrongful-termination claims available, but a worker who files a comp claim for injuries caused by the termination is treated as having chosen comp instead. |
| Uninsured employer penalty | RSA 281-A:7. A civil penalty of up to 2500, plus up to 100 per employee for each day without coverage, counted from the first day for up to 1 year. The commissioner may also ask the superior court to stop the employer from doing business in New Hampshire. |
| Who hears disputes | Under RSA 281-A:43, any party may petition the Labor Commissioner for a hearing, which is held by a Department of Labor hearing officer within 6 weeks of the petition, with 14 days’ notice. Appeals go to the Compensation Appeals Board under RSA 281-A:42-a, where a 3-member panel (an attorney chair, a labor member and an employer/insurer member) hears the case de novo. Further appeal goes to the NH Supreme Court. |
The Exclusive-Remedy Bargain in the New Hampshire Workers Compensation Act
RSA 281-A:8. Workers’ comp is the exclusive remedy against the employer and its insurer. Main exception: under RSA 281-A:8, I(b), a worker may sue a co-employee for an intentional tort, which requires showing the injury was “substantially certain” to happen. RSA 281-A:8 also keeps common-law wrongful-termination claims available, but a worker who files a comp claim for injuries caused by the termination is treated as having chosen comp instead.
Retaliation and Penalties Under the New Hampshire Workers Compensation Act
The New Hampshire workers compensation act bars an employer from firing, demoting or punishing a worker for filing a claim; the remedy is a separate lawsuit or an agency complaint, with reinstatement and back pay available. RSA 281-A:7. A civil penalty of up to 2500, plus up to 100 per employee for each day without coverage, counted from the first day for up to 1 year.
The commissioner may also ask the superior court to stop the employer from doing business in New Hampshire. Under RSA 281-A:43, any party may petition the Labor Commissioner for a hearing, which is held by a Department of Labor hearing officer within 6 weeks of the petition, with 14 days’ notice.
Appeals go to the Compensation Appeals Board under RSA 281-A:42-a, where a 3-member panel (an attorney chair, a labor member and an employer/insurer member) hears the case de novo. Further appeal goes to the NH Supreme Court.
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Recent Amendments to the New Hampshire Workers Compensation Act
No amendment to the New Hampshire workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the New Hampshire Workers Compensation Act
Statute pages are written for lawyers, so read the New Hampshire workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the New Hampshire workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the New Hampshire claim guide turns these sections into steps and dates, and the New Hampshire requirements guide covers the employer side.
Frequently Asked Questions
Where is the New Hampshire workers compensation act in the code?
N.H. Rev. Stat. Ann. (RSA) Title XXIII (Labor), Chapter 281-A. The sources below link to the official text.
How long do I have to report a work injury under the New Hampshire act?
Within 2 years of the injury, or of the date the worker knows or should reasonably know the injury and its possible link to work (RSA 281-A:19). Employers must file the First Report of Injury with the Labor Commissioner within 5 days of learning of the injury (RSA 281-A:53, I).. Report in writing as soon as possible either way.
Can I sue my employer instead of using the New Hampshire workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official New Hampshire Sources & Resources
- New Hampshire New Hampshire Department of Labor, Workers’ Compensation Division (appeals go to the Compensation Appeals Board): https://www.dol.nh.gov/workers-compensation
- New Hampshire Workers’ Comp Statute: https://gc.nh.gov/rsa/html/XXIII/281-A/281-A-mrg.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This New Hampshire workers compensation act guide was last verified against official New Hampshire sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.