Under New Hampshire’s Worker’s Compensation Law employees with work-related injuries have a reinstatement right up to 18 months from when they had the injury. However, in 2016, that statutory right is clarified in New Hampshire Supreme Court Decision of Appeal of Marti in which the Court held that a worker who was legitimately terminated from employment for cause is not an “employee” entitled to reinstatement pursuant to RSA 281-A:25-a, I.
If you have an employee that has had a work-related injury, but has done something else that you believe may be grounds to terminate that employee, you should speak with employment counsel to determine whether or not you can still legitimately terminate the employment of that injured employee. If you have an employee who has a work-related injury and you are considering whether or not you have grounds for terminating their employment other than because they were injured at work it would be prudent to speak with employment counsel.
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].