New Hampshire Revised Statutes 281-A:13 – Liability of Third Person
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I. (a) An injured employee, in addition to the benefits of this chapter, may obtain damages or benefits from or proceed at law or otherwise against another person to recover damages or benefits if:
(1) An injury for which compensation is payable under the provisions of this chapter has been sustained; and
(2) The circumstances of the injury create in another person a legal liability to pay damages in respect thereto, or a contractual obligation to pay benefits under the uninsured motorist provision of any motor vehicle insurance policy; and
(3) The action has not been barred under N.H. Rev. Stat. § 281-A:8.
(b) The employer, or the employer’s insurance carrier, shall have a lien on the amount of damages or benefits recovered by the employee, less the expenses and costs of action, to the extent of the compensation, medical, hospital, or other remedial care already paid or agreed or awarded to be paid by the employer, or the employer’s insurance carrier, under this chapter, less the employer’s or the employer’s insurance carrier’s pro rata share of expenses and costs of action as determined in paragraph IV.
II. (a) The administrator of an employee’s estate may, in addition to damages or benefits obtained under this section payable to the employee’s dependents, obtain damages or benefits from or proceed at law or otherwise against another person to recover damages or benefits if:
(1) The death of the employee has resulted under circumstances creating in another person a legal liability to pay damages in respect thereto, or a contractual obligation to pay benefits under the uninsured motorist provisions of any motor vehicle insurance policy;
(2) The action has not been barred under N.H. Rev. Stat. § 281-A:8; and
(3) Damages or benefits obtained under this section shall be in addition to the benefits of this chapter payable to the employee’s dependents.
(b) The employer, or the employer’s insurance carrier, shall have a lien on the amount of damages or benefits recovered which remain after deduction of such of the expenses itemized in N.H. Rev. Stat. § 556:14 as are not paid by the employer or the employer’s insurance carrier, and after deduction of the distributive share of any person to whom nothing is payable under N.H. Rev. Stat. § 281-A:26, to the extent of the compensation, medical, hospital, or other remedial care and funeral expenses already paid or agreed or awarded to be paid by the employer, or the employer’s insurance carrier, under this chapter.
III. (a) No settlement by an employee or, in case of death, by the administrator of the employee’s estate, of the employee’s or said administrator’s claim for damages or benefits at law or otherwise against such third person shall be binding until approved by the commissioner or, if an action has been brought, by the court or arbitration proceeding in which such action is pending or to which the writ is returnable. The commissioner or the court or the arbitrator, as the case may be, shall make provisions for payment to the employer or the employer’s insurance carrier of the amount of the lien after expenses and costs of action have been paid.
(b)(1) In any case in which the employee or, in case of death, the administrator of the employee’s estate neglects to exercise the employee’s right of action by failing to proceed at law or otherwise against such third person for a period of 9 months after the injury, the employer or the employer’s insurance carrier may so proceed and shall be subrogated to the rights of the injured employee or, in case of death, to the rights of the administrator to recover against such third person.
(2) If the employer or the employer’s insurance carrier recovers from such other person damages or benefits, after expenses and costs of action have been paid, in excess of the amount of the lien as defined in this section, then any such excess shall be paid to the injured employee or, in case of death, to the administrator of the employee’s estate for distribution in accordance with the provisions of N.H. Rev. Stat. § 556:14.
(c) The procedure for approval of a settlement and for safeguarding the rights of the employee or, in case of death, the rights of the administrator of the employee’s estate in such cases shall be the same as is provided for protecting the rights of the employer or the employer’s insurance carrier in case of a settlement made or an action at law or otherwise brought by the employee or the administrator of the employee’s estate under this section.
IV. Whenever there is a recovery against a third person under paragraph I, II, or III, the commissioner, the arbitrator, or the superior court, as the case may be, shall order such division of expenses and costs of action, including attorneys’ fees, between the employer or the employer’s insurance carrier and the employee as justice may require.
V. Whenever the lien created by paragraph I, II, or III is in the state of New Hampshire by virtue of benefits paid to or on behalf of a state employee, the governor and council, upon petition by the injured employee, may, in their discretion, waive all or part of the lien.
VI. Any provision in any agreement which requires employers or the employer’s insurance carrier to waive any rights of subrogation granted pursuant to this chapter is hereby prohibited.
(1) An injury for which compensation is payable under the provisions of this chapter has been sustained; and
Terms Used In New Hampshire Revised Statutes 281-A:13
- Commissioner: means the labor commissioner appointed as provided in RSA 273. See New Hampshire Revised Statutes 281-A:2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- employee: includes persons who regularly operate businesses or practice their trades, professions, or occupations, whether individually, or in partnership, or association with other persons, whether or not they hire others as employees. See New Hampshire Revised Statutes 281-A:2
- Employer: with respect to private employment, means:
(a) A person, partnership, association, corporation, or legal representative of a person, partnership, association or corporation who employs one or more persons whether in one or more trades, businesses, professions or occupations and whether in one or more locations. See New Hampshire Revised Statutes 281-A:2 - governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- Injury: or "personal injury" as used in and covered by this chapter means accidental injury or death arising out of and in the course of employment, or any occupational disease or resulting death arising out of and in the course of employment, including disability due to radioactive properties or substances or exposure to ionizing radiation. See New Hampshire Revised Statutes 281-A:2
- Insurance carrier: shall include any corporation licensed to sell insurance in this state from which an employer has obtained a workers' compensation insurance policy in accordance with the provisions of this chapter. See New Hampshire Revised Statutes 281-A:2
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) The circumstances of the injury create in another person a legal liability to pay damages in respect thereto, or a contractual obligation to pay benefits under the uninsured motorist provision of any motor vehicle insurance policy; and
(3) The action has not been barred under N.H. Rev. Stat. § 281-A:8.
(b) The employer, or the employer’s insurance carrier, shall have a lien on the amount of damages or benefits recovered by the employee, less the expenses and costs of action, to the extent of the compensation, medical, hospital, or other remedial care already paid or agreed or awarded to be paid by the employer, or the employer’s insurance carrier, under this chapter, less the employer’s or the employer’s insurance carrier’s pro rata share of expenses and costs of action as determined in paragraph IV.
II. (a) The administrator of an employee’s estate may, in addition to damages or benefits obtained under this section payable to the employee’s dependents, obtain damages or benefits from or proceed at law or otherwise against another person to recover damages or benefits if:
(1) The death of the employee has resulted under circumstances creating in another person a legal liability to pay damages in respect thereto, or a contractual obligation to pay benefits under the uninsured motorist provisions of any motor vehicle insurance policy;
(2) The action has not been barred under N.H. Rev. Stat. § 281-A:8; and
(3) Damages or benefits obtained under this section shall be in addition to the benefits of this chapter payable to the employee’s dependents.
(b) The employer, or the employer’s insurance carrier, shall have a lien on the amount of damages or benefits recovered which remain after deduction of such of the expenses itemized in N.H. Rev. Stat. § 556:14 as are not paid by the employer or the employer’s insurance carrier, and after deduction of the distributive share of any person to whom nothing is payable under N.H. Rev. Stat. § 281-A:26, to the extent of the compensation, medical, hospital, or other remedial care and funeral expenses already paid or agreed or awarded to be paid by the employer, or the employer’s insurance carrier, under this chapter.
III. (a) No settlement by an employee or, in case of death, by the administrator of the employee’s estate, of the employee’s or said administrator’s claim for damages or benefits at law or otherwise against such third person shall be binding until approved by the commissioner or, if an action has been brought, by the court or arbitration proceeding in which such action is pending or to which the writ is returnable. The commissioner or the court or the arbitrator, as the case may be, shall make provisions for payment to the employer or the employer’s insurance carrier of the amount of the lien after expenses and costs of action have been paid.
(b)(1) In any case in which the employee or, in case of death, the administrator of the employee’s estate neglects to exercise the employee’s right of action by failing to proceed at law or otherwise against such third person for a period of 9 months after the injury, the employer or the employer’s insurance carrier may so proceed and shall be subrogated to the rights of the injured employee or, in case of death, to the rights of the administrator to recover against such third person.
(2) If the employer or the employer’s insurance carrier recovers from such other person damages or benefits, after expenses and costs of action have been paid, in excess of the amount of the lien as defined in this section, then any such excess shall be paid to the injured employee or, in case of death, to the administrator of the employee’s estate for distribution in accordance with the provisions of N.H. Rev. Stat. § 556:14.
(c) The procedure for approval of a settlement and for safeguarding the rights of the employee or, in case of death, the rights of the administrator of the employee’s estate in such cases shall be the same as is provided for protecting the rights of the employer or the employer’s insurance carrier in case of a settlement made or an action at law or otherwise brought by the employee or the administrator of the employee’s estate under this section.
IV. Whenever there is a recovery against a third person under paragraph I, II, or III, the commissioner, the arbitrator, or the superior court, as the case may be, shall order such division of expenses and costs of action, including attorneys’ fees, between the employer or the employer’s insurance carrier and the employee as justice may require.
V. Whenever the lien created by paragraph I, II, or III is in the state of New Hampshire by virtue of benefits paid to or on behalf of a state employee, the governor and council, upon petition by the injured employee, may, in their discretion, waive all or part of the lien.
VI. Any provision in any agreement which requires employers or the employer’s insurance carrier to waive any rights of subrogation granted pursuant to this chapter is hereby prohibited.