If I got hurt working in Keene, do I file workers comp or sue?

Q: If I got hurt working in Keene, do I file workers comp or sue?

The first question the adjuster will ask is "Were you injured while doing your job?" because if the answer is yes, New Hampshire workers' compensation is usually your only claim against your employer. What makes it more complicated: You usually cannot sue your employer. That is the exclusive remedy rule under RSA 281-A. If you were stocking, cleaning, delivering, riding between job sites, or otherwise working when you got hurt, the normal path is a workers' comp claim, not a lawsuit against the company. You may still be able to sue someone else. If a third party caused the injury, you can often do both: get workers' comp and bring a personal injury case. Examples: a driver hits you while you're making deliveries in Keene during spring motorcycle or bike season a machine or safety gear was defectively made a property owner or outside contractor created the hazard a bar patron or security company used excessive force, not your employer Occupational disease works differently. If repeated chemical exposure at a plant led to something like benzene-related leukemia, that can still be workers' comp even though there was no single accident day. Food poisoning or off-site injuries depend on why you were there. If undercooked food sickened you at a required work event, that may be comp. If you were off the clock on a personal errand, probably not. Undocumented workers can still file. A workers' comp claim in New Hampshire goes through the employer, its insurer, and the New Hampshire Department of Labor. It is not the same thing as reporting yourself for deportation. Report the injury immediately to your employer. If there is a third-party case, New Hampshire's general lawsuit deadline is usually 3 years under RSA 508:4. Serious trauma cases from the Keene area often end up at Concord Hospital or Elliot Hospital in Manchester, and those records can matter in both claims.

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Accepted Answer

The first question the adjuster will ask is "Were you injured while doing your job?" because if the answer is yes, New Hampshire workers' compensation is usually your only claim against your employer.

What makes it more complicated:

You usually cannot sue your employer. That is the exclusive remedy rule under RSA 281-A. If you were stocking, cleaning, delivering, riding between job sites, or otherwise working when you got hurt, the normal path is a workers' comp claim, not a lawsuit against the company.
You may still be able to sue someone else. If a third party caused the injury, you can often do both: get workers' comp and bring a personal injury case. Examples:
a driver hits you while you're making deliveries in Keene during spring motorcycle or bike season
a machine or safety gear was defectively made
a property owner or outside contractor created the hazard
a bar patron or security company used excessive force, not your employer
Occupational disease works differently. If repeated chemical exposure at a plant led to something like benzene-related leukemia, that can still be workers' comp even though there was no single accident day.
Food poisoning or off-site injuries depend on why you were there. If undercooked food sickened you at a required work event, that may be comp. If you were off the clock on a personal errand, probably not.
Undocumented workers can still file. A workers' comp claim in New Hampshire goes through the employer, its insurer, and the New Hampshire Department of Labor. It is not the same thing as reporting yourself for deportation.

Report the injury immediately to your employer. If there is a third-party case, New Hampshire's general lawsuit deadline is usually 3 years under RSA 508:4. Serious trauma cases from the Keene area often end up at Concord Hospital or Elliot Hospital in Manchester, and those records can matter in both claims.