Injured may get permanent impairment award
Published 10/19/99

When an employee is injured at work, most employers and employees understand that the injury may give rise to a worker's compensation claim. If the injury is shown to be work-related, the employee is eligible for weekly wage benefits, payments for medical care, and other statutorily defined benefits from the employer’s workers’ compensation carrier. One of these additional benefits is a monetary payment for permanent physical injuries caused by the work related injury.

RSA 281-A:32 sets forth the process that controls the way in which an injured employee will be compensated for a work related injury which will have permanent effects. The right to a so-called "permanent impairment award" exists independent of the right to receive weekly wage benefits. As a result, an employee who is able to return to work after a short period of time may still be entitled to a permanent impairment award, depending on the nature of his injuries. For example, an employee may, as a result of a work related injury, have a partial or total permanent impairment of her right hand, but still be able to return to work, albeit perhaps in a more restrictive capacity.

An employee would request a permanent impairment award by first asking his or her doctor to determine the extent of "permanency" resulting from the work related injury. The doctor will render an opinion, based upon the employee’s medical record and an examination of the employee, of how much permanent loss of use the employee will have from the injured body part. The degree to which there is a loss of use is based upon the Guide to Evaluation of Permanent Impairment, published by the American Medical Association. The loss of use is not dependent on the degree to which the injured employee actually used the particular body part. For example, for the identical injury, the percentage loss of use from a permanent finger injury should be the same for a concert pianist as it will be for a security guard.

The amount of the permanency award is then calculated according to a mathematical formula which is set forth by RSA 281-A:28. The mathematical formula factors in the percentage loss of use, the number of weeks applicable under statute in case of total loss, and the compensation rate. These factors are multiplied to determine the permanency award. As a result, a worker with a high average weekly wage will receive a higher permanency award than a worker with a low average weekly wage, for the identical injury. As a result, if the concert pianist mentioned above has an average weekly wage that is twice as much as the average weekly wage of the security guard, the concert pianist will receive a greater permanency award for the identical injury and loss of use.

The process for determining permanency is complex, and there are a variety of defenses that an employer can raise. Individuals seeking a permanency award should consult with an attorney.

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.