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Workers' Compensation Subrogation In All 50 States - 5th Edition - Hardcover
Workers' Compensation Subrogation In All 50 States - 5th Edition - Electronic
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§ 11.30 New Hampshire
§ 11.30[1] Statutory Subrogation Rights
Workers' compensation subrogation in New Hampshire is
governed primarily by § 281-A:13.1 An employee has the exclusive
right to commence a third-party action within nine months after the
date of injury. After that date, the employer or insurance carrier may
proceed with an action against the responsible third party and is
subrogated to the rights of the injured employee or, in the case of
death, to the rights of the administrator to recover against such
responsible third party.2 If successful, the employer/workers'
compensation insurance carrier is entitled to reimbursement of the
benefits paid and if the recovery is large enough, the employer is
entitled to a credit against future benefits payable.3 Whether a
settlement is by the employee or by the employer/insurance carrier,
the settlement must be approved by the commissioner if an action has
been brought by the court or arbitration proceeding in which the
action is pending.4 An agreement requiring the employer or the
employer's insurance carrier to waive any rights of subrogation is
prohibited.5 The entire text of § 281-A:13 is as follows:
§ 281-A:13 Liability of Third Person.
(I)(a) An injured employee, in addition to the benefits of this
chapter, may obtain damages or benefits from or proceed at
law or otherwise against another person to recover damages
or benefits if:
(1) An injury for which compensation is payable under
the provisions of this chapter has been sustained; and
(2) The circumstances of the injury create in another
person a legal liability to pay damages in respect
thereto, or a contractual obligation to pay benefits
under the uninsured motorist provision of any motor
vehicle insurance policy; and
(3) The action has not been barred under R.S.A. 281-
A:8.
§ 11.30 New Hampshire
§ 11.30[1] Statutory Subrogation Rights
§ 11.30[2] Third Parties
§ 11.30[3] Allocation of Third-Party Recovery
§ 11.30[4] Attorneys' Fees and Costs
§ 11.30[5] Credit/Advance
§ 11.30[6] Related Subrogation Issues
§ 11.30[7] Statutes of Limitations
§ 11.30[8] Workers' Compensation in New Hampshire
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. Mr. Wickert is also a politician in Wisconsin, serving his fourth term as Town Supervisor in the Township of Cedarburg. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., he returned to his native Wisconsin in 1998 and co-founded the firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 300 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 250 insurance companies. Gary Wickert is also a commercial fiction author and his latest political thriller, Dark Redemption (Tudor Publishers), is available on Amazon.com.
Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also nationally certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA), for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For nearly twenty-five years, he has also served as an expert witness on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He is one of only a few lawyers to have ever represented a client before the United States Supreme Court on a subrogation issue, and was named one of Law & Politics and Milwaukee Super Lawyers magazine's Super Lawyers for 2005, 2006, and 2008. For a complete resume on Gary L. Wickert, see Appendix A-13 of this book.
