How to File a Workers' Compensation Claim in New Hampshire
Reviewed by DocDraft Legal Team · New Hampshire · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without having to prove the employer was at fault. In New Hampshire, the system is created by the Workers' Compensation Law (RSA 281-A) and administered by the Department of Labor's Workers' Compensation Division. Two deadlines are critical. You must give your employer notice of the injury within two years of the date of injury (RSA 281-A:19), though you should report as soon as possible. Separately, you must file your claim for benefits within three years of the date of injury (RSA 281-A:21-a). After you report the injury, you complete a Notice of Accidental Injury or Occupational Disease (Form 8aWCA), and your employer files an Employer's First Report of Occupational Injury or Disease (Form 8WC) with the Department of Labor within five days (RSA 281-A:53). The insurance carrier then reviews your claim and decides whether to accept or deny benefits. If your claim is denied or disputed, you can request a hearing before the Department of Labor, with appeals to the Compensation Appeals Board. Attorney review of your claim is available through DocDraft.
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Where are you after your work injury?
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How do I file a workers' compensation claim in New Hampshire?
First, report the injury to your employer and complete New Hampshire's Notice of Accidental Injury or Occupational Disease form (8aWCA). Your employer then files an Employer's First Report of Injury with the Department of Labor within five days (RSA 281-A:53) and notifies its insurance carrier, which reviews and decides your claim.
How long do I have to file a workers' compensation claim in New Hampshire?
Two deadlines matter. You must give your employer notice of the injury within two years (RSA 281-A:19), though you should report right away. Separately, you must file your claim for benefits within three years of the date of injury (RSA 281-A:21-a). Missing either deadline can bar your benefits entirely.
What is the Notice of Accidental Injury form in New Hampshire?
The Notice of Accidental Injury or Occupational Disease (Form 8aWCA) is the form a New Hampshire worker completes to document a work injury. You give it to your employer, which uses it to prepare the Employer's First Report of Occupational Injury or Disease (Form 8WC) filed with the Department of Labor.
Who handles workers' compensation claims in New Hampshire?
New Hampshire's workers' compensation system is administered by the Department of Labor's Workers' Compensation Division under RSA 281-A. Your employer's insurance carrier decides your claim day to day. If a dispute arises, the Department of Labor holds a hearing, and appeals go to the Compensation Appeals Board.
New Hampshire workers' compensation claim law at a glance
In New Hampshire, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurer, regardless of fault. The system is created by RSA 281-A and administered by the Department of Labor's Workers' Compensation Division. You must give your employer notice of the injury within two years of the date of injury (RSA 281-A:19), but you should report as soon as possible. You complete a Notice of Accidental Injury or Occupational Disease form (8aWCA), and your employer files an Employer's First Report of Injury with the Department of Labor within five days (RSA 281-A:53). You must file your claim for benefits within three years of the date of injury (RSA 281-A:21-a). If the claim is denied, you can request a hearing before the Department of Labor.
Filing a New Hampshire workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a New Hampshire warehouse. You tell your supervisor and complete a Notice of Accidental Injury or Occupational Disease form (8aWCA) the same week, well inside the two-year notice deadline (RSA 281-A:19). Your employer files an Employer's First Report of Injury with the Department of Labor within five days (RSA 281-A:53) and notifies its insurance carrier. The carrier starts paying for medical treatment but later disputes how much wage-replacement you are owed. Because you must file your claim within three years of the injury (RSA 281-A:21-a), you file your claim and request a hearing before the Department of Labor. Attorney review of your claim is available through DocDraft.
Relevant Laws
RSA 281-A:19 (2-year notice of injury to employer)
Provides that claims for benefits are barred unless notice of injury is given to the employer within 2 years from the date of the injury, with the period tolled where the nature of the injury and its relationship to employment are not known to the employee.
RSA 281-A:53 (employer must file a First Report of Injury within 5 days)
Requires every employer to report any injury sustained by an employee in the course of employment to the commissioner as soon as possible, but no later than 5 days after the employer learns of the injury, and to supply a copy to its insurance carrier.
RSA 281-A:21-a (3-year time limitation for filing a claim)
Provides that compensation for disability, rehabilitation, medical benefits, or death benefits is barred unless a claim is filed within 3 years after the date of injury, subject to a discovery rule when the injury's work relationship is not known to the employee.
New Hampshire Department of Labor, Workplace Injuries information
The Department of Labor's injured-worker page states that an employee sustaining an at-work injury in New Hampshire has certain rights, links to the Notice of Accidental Injury (Form 8aWCA) and Employer's First Report (Form 8WC), and outlines the claim process under RSA 281-A.
Regional Variances
New Hampshire workers' compensation claim rules at a glance
Reporting deadline
Notice of the injury must be given to your employer within 2 years of the date of injury, under RSA 281-A:19. Despite that long window, report as soon as possible so your employer can file its First Report and benefits are not delayed.
Claim form
The employee completes a Notice of Accidental Injury or Occupational Disease (Form 8aWCA). The employer uses it to file an Employer's First Report of Occupational Injury or Disease (Form 8WC) with the Department of Labor within 5 days (RSA 281-A:53).
Filing deadline
You generally have 3 years from the date of injury to file your claim for benefits (RSA 281-A:21-a). A discovery rule can delay the start where the injury's work relationship was not known to you.
Who administers it
The New Hampshire Department of Labor's Workers' Compensation Division administers the system under RSA 281-A. Your employer's insurance carrier decides the claim day to day.
How disputes are resolved
By requesting a hearing before the Department of Labor when the carrier denies, delays, or underpays the claim. The commissioner decides the dispute, and appeals go to the Compensation Appeals Board.
Suggested Compliance Checklist
Report the injury to your employer
As soon as possible; within 2 years of the injury days after startingGive your employer notice of the injury. New Hampshire bars claims unless notice is given within 2 years of the date of injury (RSA 281-A:19), but report immediately so your employer can act and benefits are not delayed. Keep a dated record of when you reported.
Complete the Notice of Accidental Injury form
When you report the injury days after startingFill out the Notice of Accidental Injury or Occupational Disease (Form 8aWCA), describing the injury and affected body parts, and give it to your employer. The employer uses it to file its First Report. Keep a copy. Attorney review of your claim is available through DocDraft.
Confirm the employer's First Report is filed
Within 5 days of the employer learning of the injury days after startingYour employer must file an Employer's First Report of Occupational Injury or Disease (Form 8WC) with the Department of Labor within 5 days and notify its insurance carrier (RSA 281-A:53). If it does not, contact the Department of Labor and note the date you asked.
Get medical care and keep records
Ongoing after the injury days after startingSeek treatment for your injury and keep every medical record, bill, and letter from the insurance carrier. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the carrier later disputes benefits or the extent of your disability.
File your claim within the deadline
Within 3 years of the date of injury days after startingYou must file your claim for benefits within 3 years of the date of injury (RSA 281-A:21-a). Calendar this deadline from your injury date, keep proof of what you filed, and file early to protect your right to disability, medical, and rehabilitation benefits.
Request a hearing if the claim is disputed
After a denial or benefit dispute days after startingIf the carrier denies, delays, or underpays your claim, request a hearing before the New Hampshire Department of Labor. The commissioner decides the dispute, and appeals go to the Compensation Appeals Board. Act promptly and keep the three-year filing deadline in mind (RSA 281-A:21-a).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer | Give your employer notice of the injury. New Hampshire bars claims unless notice is given within 2 years of the date of injury (RSA 281-A:19), but report immediately so your employer can act and benefits are not delayed. Keep a dated record of when you reported. | - | As soon as possible; within 2 years of the injury |
| Complete the Notice of Accidental Injury form | Fill out the Notice of Accidental Injury or Occupational Disease (Form 8aWCA), describing the injury and affected body parts, and give it to your employer. The employer uses it to file its First Report. Keep a copy. Attorney review of your claim is available through DocDraft. | - | When you report the injury |
| Confirm the employer's First Report is filed | Your employer must file an Employer's First Report of Occupational Injury or Disease (Form 8WC) with the Department of Labor within 5 days and notify its insurance carrier (RSA 281-A:53). If it does not, contact the Department of Labor and note the date you asked. | - | Within 5 days of the employer learning of the injury |
| Get medical care and keep records | Seek treatment for your injury and keep every medical record, bill, and letter from the insurance carrier. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the carrier later disputes benefits or the extent of your disability. | - | Ongoing after the injury |
| File your claim within the deadline | You must file your claim for benefits within 3 years of the date of injury (RSA 281-A:21-a). Calendar this deadline from your injury date, keep proof of what you filed, and file early to protect your right to disability, medical, and rehabilitation benefits. | - | Within 3 years of the date of injury |
| Request a hearing if the claim is disputed | If the carrier denies, delays, or underpays your claim, request a hearing before the New Hampshire Department of Labor. The commissioner decides the dispute, and appeals go to the Compensation Appeals Board. Act promptly and keep the three-year filing deadline in mind (RSA 281-A:21-a). | - | After a denial or benefit dispute |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurer, without proving fault. In New Hampshire, you open a claim by reporting the injury and filing for benefits under RSA 281-A, administered by the Department of Labor.
Reporting means giving your employer notice of the injury, which starts the process and must occur within two years (RSA 281-A:19). Filing the claim is the separate step of formally claiming benefits, which you must do within three years of the injury (RSA 281-A:21-a). Reporting comes first; the claim follows.
You must give your employer notice of the injury within two years of the date of injury (RSA 281-A:19), or your claim can be barred. Despite that long window, you should report as soon as possible, because prompt notice lets your employer file its First Report and avoids delays in benefits.
You generally have three years from the date of injury to file your claim for benefits (RSA 281-A:21-a). If you did not know the injury was work-related, the period does not start until you know, or by reasonable diligence should know, of the injury and its relationship to your employment.
RSA 281-A:19 bars claims unless notice of injury is given within two years of the date of injury. Reporting late risks losing your benefits and delays your employer's First Report and your medical care. If the injury's work connection was not known, the clock starts when you reasonably should have known.
Day to day, your employer's insurance carrier decides whether to accept or deny the claim. If you disagree, you can request a hearing before the New Hampshire Department of Labor, where the commissioner decides the dispute. Either side may appeal that decision to the Compensation Appeals Board.
No. New Hampshire workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. In exchange, benefits are set by statute rather than a jury.
If the insurance carrier denies or underpays your claim, you can request a hearing before the New Hampshire Department of Labor. You generally must file your claim within three years of the date of injury (RSA 281-A:21-a). Attorney review of your case is available through DocDraft.
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