Many workers living in New Hampshire cross the border daily to work in Vermont and vice versa. This set-up is common in the Upper Valley region and surrounding areas, but it raises important questions about workers’ compensation coverage that most employees do not consider until an injury happens.
Which state hears your claim?
Several factors determine which workers’ compensation system applies when you suffer injuries while working across state lines:
- Where you were injured
- Where your employer hired you
- Where you primarily perform your work
The state where your injury happened determines which state’s laws apply first. If injured while working in Vermont, Vermont’s workers’ comp system typically governs your claim. New Hampshire may also assert jurisdiction if your contract was made there or if you normally work there.
When both states can handle your claim, you generally have the right to choose the one that offers more advantageous benefits or procedures. This choice matters because states calculate compensation rates and maximum benefits differently.
What benefits might you receive in each state?
The financial support available through workers’ comp can vary significantly between New Hampshire and Vermont. New Hampshire calculates workers’ compensation benefits as 60% of your average weekly wage while Vermont uses approximately 67% as a baseline. These percentages apply up to maximum weekly limits that both states adjust annually.
Aside from wage replacement, both states also offer compensation for:
- Required medical care, including doctor and hospital visits
- Prescription medications required for treatment
- Physical therapy and rehabilitation when necessary
Each state imposes waiting periods before disability benefits begin. New Hampshire applies a three-day waiting period before temporary disability payments start, meaning benefits do not kick in until the fourth day after your injury. Vermont maintains similar waiting period requirements that affect when you begin receiving wage replacement benefits.
How does the filing process work?
When injured at work, you may want to report the incident to your employer as soon as possible, regardless of which state you believe has jurisdiction. New Hampshire allows employees up to two years to report injuries, while Vermont has similar notification timeframes. Earlier reporting could help start the claims process and may preserve your options.
Your employer should then file a first report of injury with the appropriate state’s Department of Labor. In New Hampshire, employers typically must file within five days of learning about your injury. Vermont has comparable deadlines that employers are expected to follow.
After the initial report, the insurance carrier usually has a set period to accept or deny your claim. In New Hampshire, carriers generally have 21 days to make this decision. During this time, you might receive information about your claim status and what benefits could be available.
If jurisdiction is unclear or you encounter disputes about benefits, you may want to speak with an attorney who is familiar with workers’ compensation in both jurisdictions. They can review your specific circumstances and help you understand which state’s system might be more favorable for you.