to seek reimbursement directly from the auto carrier for payments they made on behalf of the injured employee. The workers’ compensation carrier can pursue the claim directly if the injured employee does not pursue a claim within nine months of the date of the accident. If the injured employee retains an attorney, then RSA 281-A:13 requires that the workers’ compensation carrier waive at least one-third of their lien, as well as their equal share of the attorney’s expenses, as compensation to the attorney for resolving the case. In the event that the responsible party is uninsured, then workers’ compensation would seek reimbursement directly from them. If the responsible party is unwilling to make payment, the workers’ compensation carrier or self-insured has the right to request suspension of the license and registration from the Director of Motor Vehicles, pursuant to Chapter 264 Accidents and Financial Responsibility, Motor Vehicles. Not all auto accidents that occur when the employee is driving are covered by workers’ compensation. In order for an injury to be covered by workers’ compensation, it must arise out of and in the course of the employment. The incident must occur within the time and space of the employment, and it must arise out of a risk or hazard created by the employment. Commuting to and from work, whether in a company car or not, is generally not considered in the course of employment. However, when the employee arrives at the designated parking area at work, they become part of the course of their employment even before they technically punch in. If the employee deviates from the normal delivery route for a personal errand, and/or was under the influence of drugs or alcohol, and was involved in a motor vehicle accident, injuries sustained may not be covered by workers’ compensation. Overall, the process works, although it may sound prolonged, cumbersome or confusing. The injured employee gets the medical attention they need, and it is paid promptly by workers’ compensation. They are promptly paid for their time out of work if the physician feels it is necessary, and generally, they recover and return to their normal lives. The responsible motorist, through their auto insurance, ultimately pays for the injured employee’s pain and suffering, and reimburses workers’ compensation for a portion of the payments of medical and disability benefits. If you have any questions regarding motor vehicle accidents or any other workers’ compensation issue, please contact Deborah Handrahan by emailing dhandrahan@nhada.com or Pete Sheffer by emailing psheffer@nhada.com or calling (603) 224-2369. ADVERTISE HERE! RESERVE YOUR SPOT TODAY! 801 676 9722 sales@thenewslinkgroup.com RESEARCH SHOWS: • The average ROI for print advertising is around 130%. – Electro IQ • 56% of consumers trust print marketing more than any other advertising method. – AllBusiness.com • Print media has a 90% brand recall rate, the highest among all advertising channels. – Sonder & Tell Don’t just take our word for it! PRINT ADVERTISING isvital for success. 19
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