My coworker said workers' comp is all I get after a Portsmouth work crash. True?
In New Hampshire, many third-party work-injury crash cases settle in the $50,000 to $250,000 range, and serious cases can go much higher.
The myth: if you were hurt on the job, workers' comp is your only option. That is wrong.
What is true is narrower. New Hampshire's workers' compensation law has an exclusive remedy rule under RSA 281-A, which usually means you cannot sue your employer for a covered work injury. That defense also often protects co-workers acting within their jobs.
But it does not automatically protect everyone else.
If you were working and got hit by a distracted driver near a Portsmouth school zone, injured by a subcontractor, hurt in a rafting incident run by another company, or struck as a pedestrian by a non-employee, you may have two claims at once:
- Workers' comp for medical care and wage benefits
- A third-party injury claim against the person or company that caused the harm
That dual-track setup is common, and insurers count on people not knowing it.
The trap is thinking VA benefits replace either claim. They do not. VA health care and disability benefits are a separate federal system. They can help with treatment and income support, but they do not erase a civilian claim against a negligent driver, property owner, or manufacturer.
Another trap: settling the third-party case without understanding the workers' comp lien. In New Hampshire, the comp carrier may seek reimbursement from a third-party recovery, and how that is handled can change what you keep.
Watch the deadlines. A New Hampshire personal injury lawsuit is usually subject to a 3-year statute of limitations under RSA 508:4. Workers' comp issues run through the New Hampshire Department of Labor, while the third-party case goes through the civil courts. Those systems do not coordinate for you.
This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.
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