New Hampshire § 281-A-28 - Section 281-A:28 Compensation for Temporary Total Disability.

§ 281-A-28. Section 281-A:28 Compensation for Temporary Total Disability.

An employer subject to this chapter, or the employer's insurance carrier, shall pay workers' compensation to an employee sustaining a personal injury which is totally disabling, but temporary in nature, and the employee is unable to return to work, but has not achieved maximum medical improvement, but not for the first 3 days of disability unless the disability continues for 14 days or longer, as follows: I. If an employee's average weekly wage is 30 percent or less of the state's average weekly wage, weekly compensation shall be the full amount of that employee's average weekly wage. However, the maximum allowable weekly compensation rate under this paragraph shall not exceed 90 percent of the employee's after tax earnings as determined by RSA 281-A:15. II. If an employee's average weekly wage is over 30 percent of the state's average weekly wage, weekly compensation shall be 60 percent of that employee's average weekly wage or 30 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar as the commissioner determines for the year in which the injury occurred. In no event shall the maximum weekly compensation rate exceed 100 percent of the employee's after tax weekly earnings as determined under RSA 281-A:15. For purposes of this section, the department of employment security shall establish the state's average weekly wage for the immediate preceding calendar year to be effective the following July 1. III. Notwithstanding the provisions of RSA 281-A:26, 28, 29, and 32, the compensation of persons who regularly operate businesses or practice their trades, professions, or occupations as provided by RSA 281-A:2, VI shall be computed on the basis of 80 percent of their average weekly salary, but no more than 150 percent of the state's average weekly wage. The state's insurance commissioner is hereby authorized to review and approve an appropriate classification for the foregoing class of persons and a reasonable rate, if the commissioner chooses to do so.