Employer must provide care for related injury
Published 04/11/00

When an employee is injured in the course of his employment, there are a number of benefits provided under the workers compensation statute to which he will be entitled. For many employees, one of the most important such benefits is payment of medical expenses which are reasonably related to the injury. Particularly, where a worker does not have health insurance, this provision of the workers compensation statute can make medical care available where it would otherwise be inaccessible.

RSA-281-A:23 provides that an employer, or the employer’s insurance carrier, shall provide reasonable medical, surgical, and hospital services, as well as remedial care, nursing, medicine, and mechanical and surgical aides for as long as the injury may require. The injured employee is specifically entitled to choose his or her own physician for care. He does not have to go to a physician selected by his employer. The obligation of an employer to pay for reasonably related medical care continues indefinitely. It does not end, for instance, when the injured employee is able to return to work or leaves his employment with that employer. Rather, even if the injured employee recovers sufficiently to allow him to return to his employment, if he continues to require some medical care, or if he has a flare-up in his condition, the employer or the employer’s insurance carrier will be required to pay for reasonable and necessary medical care.

The employer or the employer’s insurance carrier is not required to pay for care which is not causally related to the employment, nor is the employer or employer’s workers compensation carrier required to pay for care which is unreasonable or unnecessary. The issue of whether care is causally related to the injury at work, and the issue of whether the care is reasonable and necessary is initially a medical issue and the doctor providing the care will provide a form to the carrier stating her opinion as to whether the care is related. If the employer or insurance carrier disagrees that the care is reasonably related and necessary, or believes it was not caused by the work related injury, the insurance carrier has the right to deny payment of the claim. In this event, the employee must request a hearing at the Department of Labor so that it can be determined whether the care is covered by workers compensation. The Department of Labor has the authority to order the insurance carrier or employer to pay for the care if it finds that the care is reasonable and necessary, and causally related to the work related injury. 

The attorney who wrote this article is no longer at the law firm of Hamblett & Kerrigan, P.A. in Nashua. Other practitioners at the firm handle work in the same areas of law which he worked in, which included employment law, family law, and general litigation, including property tax abatement and personal injury.You can reach one of those lawyers by calling the law firm (883-5501) or by e-mail at info@nashualaw.com .

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.