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RSA 282-A:26-a · Return to Work Program Participants; Workers' Compensation Eligibility

Title
XXIII: LABOR
Chapter
282-A · UNEMPLOYMENT COMPENSATION
Status
current
Official source linked
Yes
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282-A:26-a Return to Work Program Participants; Workers' Compensation Eligibility. –

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I.

A participant in the department of employment security's return to work program shall be entitled to certain benefits under RSA 281-A. In the event that it is determined that a return to work program participant has been subject to an injury or occupational disease producing a disability arising out of and in the course of participation in the return to work program, the department of employment security shall not provide compensation pursuant to RSA 281-A:28, 281-A:28-a, 281-A:31, and 281-A:31-a. However, a participant, who has been deemed eligible for unemployment compensation shall receive such benefits while otherwise eligible under RSA 282-A, or compensation equivalent to 90 percent of his or her weekly unemployment compensation benefit amount if the disability causes the participant to become ineligible for benefits under RSA 282-A.

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II.

When determining the amount of compensation provided pursuant to RSA 281-A:32 for a scheduled permanent impairment award, the amount of compensation shall be calculated by using the minimum wage at the time of injury multiplied by the average number of hours in training per week.

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III.

For a participant in the return to work program, RSA 281-A:8, I and II shall not apply and the following provisions shall apply:

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(a)

A participant in the return to work program shall be conclusively presumed to have accepted the provisions of this chapter and, on behalf of the participant or the participant's personal or legal representatives, to have waived all rights of action whether at common law or by statute or provided under the laws of any other state or otherwise:

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(1)

Against the employer/training partner, or the employer/training partner's insurance carrier, or an association or group providing self-insurance to a number of employers, or the department and the return to work program; and

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(2)

Except for intentional torts, against any officer, director, agent, servant, or employee acting on behalf of the entities named in subparagraph (a)(1).

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(b)

The spouse of a return to work program participant entitled to benefits under this chapter, or any other person who might otherwise be entitled to recover damages on account of the participant's personal injury or death, shall have no direct action, either at common law or by statute or otherwise, to recover for such damages against any person identified in this paragraph.

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IV.

The department of employment security may provide this benefit by appropriate means including purchasing and serving as the master policyholder for any insurance, by self-insurance, or by administrative services contract.

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V.

Except as otherwise provided in this section, all other provisions of RSA 281-A shall apply. Source. 2010, 145:3, eff. June 14, 2010. 2011, 82:2, eff. July 1, 2011.

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Source note

Source. 2010, 145:3, eff. June 14, 2010. 2011, 82:2, eff. July 1, 2011.

Source history

  • 2010, 145:3, eff. June 14, 2010
  • 2011, 82:2, eff. July 1, 2011

Related materials

Bill relationships

  • 2026 HB1245 reference

    ation. I. The following actions shall be excluded from consideration when determining a worker’s legal status as either an employee or an independent contractor under RSA 275, RSA 282-A, or any other state labor, tax, or benefits statute: (a) The offer of, or contribution to, a portable benefit account by a hiring party; (b) An independent contractor’s participation in or control over such a plan

  • 2026 HB1245-FN reference

    ation. I. The following actions shall be excluded from consideration when determining a worker’s legal status as either an employee or an independent contractor under RSA 275, RSA 282-A, or any other state labor, tax, or benefits statute: (a) The offer of, or contribution to, a portable benefit account by a hiring party; (b) An independent contractor’s participation in or control over such a plan

  • 2026 HB1546 amend · effective 2027-01-01

    t and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A. 23 Corporations, Associations, and Proprietors of Common Lands; Dissolution; Effect of Dissolution. Amend RSA 293-A:14.05, (b) to read as follows: (b) Prior to making any distributions of its remaining propert

  • 2026 HB1546-FN amend · effective 2027-01-01

    t and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A. 23 Corporations, Associations, and Proprietors of Common Lands; Dissolution; Effect of Dissolution. Amend RSA 293-A:14.05, (b) to read as follows: (b) Prior to making any distributions of its remaining propert

  • 2026 HB1629 amend · effective 2027-07-01

    nt and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A. 18 Corporations, Associations, and Proprietors of Common Lands; Dissolution; Effect of Dissolution. Amend RSA 293-A:14.05, (b) to read as follows: (b) Prior to making any distributions of its remaining property a

  • 2026 HB1629-FN amend · effective 2027-07-01

    nt and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A. 18 Corporations, Associations, and Proprietors of Common Lands; Dissolution; Effect of Dissolution. Amend RSA 293-A:14.05, (b) to read as follows: (b) Prior to making any distributions of its remaining property a

  • 2026 HB1761 add · effective 2027-01-01

    istrative appeal system for determinations of claims; appeals shall be filed within 90 days of notice of determination. II. The director may utilize procedures established under RSA 282-A, provided that employers shall not be parties to appeals under this section. III. Following the department's final determination on appeal, an aggrieved individual may seek judicial review in a court of competent juri

  • 2026 HB1761-FN add · effective 2027-01-01

    istrative appeal system for determinations of claims; appeals shall be filed within 90 days of notice of determination. II. The director may utilize procedures established under RSA 282-A, provided that employers shall not be parties to appeals under this section. III. Following the department's final determination on appeal, an aggrieved individual may seek judicial review in a court of competent juri

  • 2026 HB1825 reference · effective 2027-01-01

    rmine and enforce the lien. III. Nothing in this section shall be construed to create a lien in the absence of a written agreement, nor shall it apply to matters arising under RSA 282-A, or to any proceeding in which the method for determining attorneys’ fees is otherwise expressly governed by statute. 311:15 Attorney General Investigations. I. The attorney general may investigate any alleged vio

  • 2026 HB1825-FN-A reference · effective 2027-01-01

    rmine and enforce the lien. III. Nothing in this section shall be construed to create a lien in the absence of a written agreement, nor shall it apply to matters arising under RSA 282-A, or to any proceeding in which the method for determining attorneys’ fees is otherwise expressly governed by statute. 311:15 Attorney General Investigations. I. The attorney general may investigate any alleged vio

  • 2026 SB661 reference

    pensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secretary of State; I

  • 2026 SB661-FN reference

    pensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secretary of State; I