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Most Workers’ Compensation Awards Are Protected

On Behalf of | Sep 17, 2009 | Bankruptcy, Employment Law, Personal Injury

New Hampshire workers’ compensation law provides substantial protections to workers involved in work-related injuries. One of these protections prevents creditors, in most instances, from being able to collect from a worker’s compensation claim or award for debt which is owed to them

Pursuant to RSA 281-A:52, claims for compensation under the Workers’ Compensation statute are not assignable and are exempt from the claims of creditors. Exceptions to this are charges for doctors, hospitals and other remedial care rendered in connection with the work-related injury. Claims of attorneys for services rendered to the worker in connection with the claim and approved by the court are also enforceable against the money award that the worker received from his worker’s compensation claim. Additionally, claims for child support may be enforced against worker’s compensation award.

If a creditor were to attempt to obtain an assignment on any future worker’s compensation award, the assignment would be legally unenforceable. Likewise, if a creditor were to seek a judicial lien, also known as an attachment, against proceeds from a worker’s compensation award, under most circumstances that creditor would be unsuccessful.

J. Daniel Marr is a Director and Shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and individuals on a variety of legal issues and advocating on their behalf. Attorney Marr is licensed and practices in both New Hampshire and Massachusetts. Attorney Marr can be reached at [email protected].