Construction Site Injuries in New Hampshire: Beyond Workers' Comp

Workers' Compensation and Its Limits

An injured construction worker in New Hampshire is generally entitled to workers' compensation benefits, which cover medical care and a portion of lost wages regardless of fault. But workers' comp does not pay for pain and suffering and often falls short of fully replacing income, leaving seriously injured workers undercompensated.

Because workers' compensation usually bars suing your own employer, many injured workers assume comp is all they can recover. That assumption can leave significant compensation unclaimed when someone other than the employer contributed to the injury.

Third-Party Claims on a Construction Site

Construction sites involve many parties beyond the employer: general contractors, subcontractors, property owners, equipment manufacturers, and suppliers. When one of these third parties causes an injury — through a defective machine, an unsafe site condition, or negligent work — the injured worker may bring a separate claim against that party for the full range of damages, including pain and suffering.

Identifying a viable third-party claim requires investigating who controlled the hazard, who supplied or maintained the equipment, and who was responsible for site safety. These claims can substantially exceed what workers' compensation provides.

Coordinating the Two Claims

Workers' compensation and a third-party claim interact: the comp insurer typically has a right to be reimbursed out of a third-party recovery. Coordinating them correctly preserves the worker's net recovery and avoids leaving money with the comp carrier that should reach the injured person. An attorney experienced in New Hampshire construction injuries can pursue both tracks and structure the result to the worker's benefit.