January 6, 2022

Understanding the workers’ compensation claims procedure is crucial if you are injured in New Hampshire. A minor blunder or a delay in taking action might result in your benefits being denied. Consider the following outline of the workers’ compensation claims procedure, and be sure to contact an experienced lawyer for detailed information about your situation.

Notify

The first stage in the procedure is to notify your employer of your injuries as soon as possible–unless, of course, you require immediate medical attention. Your employer won’t be able to start the workers’ compensation process until you’ve given them notification of the injury. Furthermore, you will lose your entitlement to compensation if you fail to notify your employer of a working accident and injury within two years.

Treatment

Obtain medical attention. You should seek treatment for your injuries after notifying your employer of your incident (or sooner if you require emergency medical care). Whether your company offers a managed care plan determining who you may get treatment from, you must seek an approved medical provider coverage. Otherwise, you have the option of choosing your doctor. It’s a good idea to double-check your alternatives with your employer before starting with your healthcare to make sure you don’t have to pay for it out of pocket.

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Employer files for injury

Your employer will notify the Department of Labour about your injuries. Your employer is required to file a First Report of Injury notification with the New Hampshire Department of Labour Workers’ Compensation Division after obtaining notice of your injury. Your employer must file this notice within five days of receiving notification of your damage.

Get your benefits

Your workers’ compensation benefits will begin on the fourth day of your injury after your employer has submitted the First Report of Injury. The law will waive the three-day waiting period if you are injured for 14 days or more, which means you will be unable to return to work for at least two weeks after your accident. You will be eligible for disability/wage replacement payments.

Get back to work

As your injuries heal, you may be able to return to work at full capacity or on light duty, as you were before the incident. Your employer may lower your payments if you are assigned to light duty; nevertheless, you may be eligible for additional workers’ compensation payments in addition to your reduced salary.

If you want to get maximum compensation, you need to be aware of the rules and regulations regarding workers’ compensation.

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You might have filed a case for personal injury or might be thinking of doing so. A pretrial motion is a request you make to the judge to intervene in your case even before the trial begins. It is crucial for your case as it can make or break your issue if you are injured in Vermont. In this blog, you will read about the types of motions in a personal injury case.

What is a motion?

A motion is an application that the defendant or the plaintiff puts forward to request the jury decide on specific issues before the trial begins. At the end of the motion, the judge can frame rules that both parties will abide by when gathering evidence and during the trial. The pretrial motion can explore some questions that may even lead to case settlement there itself. So you must have got an idea about the pretrial motion. Now let’s read about its types.

Types of pretrial motions

Motion for Summary Disposition

It is a motion in which the party that files the case requests the judge to decide immediately in favor of them without further exploring the issue.

Motion for Alternative Service

If the other party is trying to hide so that you can’t serve the notice, you can use an alternative service. In such a case, the court might advise you to publish the information in a newspaper, post it in the court or even use social media. In these methods, you require methods before opting for them.

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Motion for Default Judgment

When the defendant does not send a formal reply to your complaint, you can bring it to the court’s notice, and the judges will decide in your favor due to the lack of participation of the other party.

Motion Regarding Discovery

Before the trial, you will search for pieces of evidence, and this phase is known as discovery. During this phase, there might be some evidence under the other party’s control, and then there is a disagreement between the parties regarding the evidence collection method. In such cases, the judge intervenes on your request and forms rules for evidence collection.

Motion to Dismiss

In this type of motion, the other party might request dismissal of the case based on several grounds. In such cases, you can file the claim again, but the decision is final in other methods.

Motion to Limit Evidence

It is a motion in which you request the court to include or exclude some evidence during the trial. It allows you to gather evidence that is allowed in the court.

Conclusion

Pretrial motions are an excellent opportunity to make the case in your favor, strategize better and even settle the claim. So be proactive with your lawyer during the process.

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