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Reinstatement of Employee Sustaining Compensable Injuries

RSA 281-A:25-a

As per RSA 281-A:25-a and New Hampshire Administrative Rule Chapter Lab 504.05 Reinstatement of Employee Sustaining Compensable Injuries , an employee of an employer who employs five (5) or more employees, who has sustained an injury, shall be reinstated by the employer to the employee's former position of employment within eighteen (18) months.

  • If the date of injury is unclear then the 18 months shall be determined from the date of first medical treatment; or,
  • In the event of a recurrence of symptoms, which result in temporary restrictions, the employer shall be obligated only to provide temporary alternative work within the 18 months from the date of injury or date of first medical treatment.

An employer shall not be obligated to provide the former position to:

  • An injured employee of a construction contractor if the project is completed, unless another project is ongoing.
  • A seasonal or temporary employee. A temporary employee shall not mean an employee of a temporary agency;
  • A part-time employee as defined by the employer's personnel policy.
  • An employee whose department is targeted for a reduction in force or layoff in a formal company plan;
  • An employee who has been given permanent restrictions by his/her treating physician and not released to return to work at his/her former position; or
  • An employee unable to return to work within 18 months from the date of injury.

New Hampshire Department of Labor  |  
95 Pleasant Street  |  Concord, NH 03301
Telephone: 603-271-3176  |  
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