USCC Workers Comp 2024 - 104

104 | 2024 Analysis of Workers' Compensation Laws
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
Nevada
Division of
Industrial
Relations
Within seven
days of injury
Claim Filing
Within 90 days after
accident or one year after
death.23
By agreement in conformity
with Act, subject to approval of
insured.24
How Claims Are Settled Award Effect
Insurers are required
to comply within 30
days after award is
issued, unless stay
is entered. If party
applies for stay that
is denied, in specific
circumstance,
installment
payments may be
made.25
New
Hampshire
Division of
Workers'
Compensation
As soon as
practicable, but
no later than
two years after
date of injury
Within two years after
injury or death and claimant
knew or should have known
of injury and relation to
employment.
If compensability of claim is
contested, aggrieved party may
request a hearing at division.
Disputes may also be settled
by lump sum with division
approval.
Payment within
five working days.
Employer's failure
to comply with an
award may result
in a penalty of no
more than $100 per
day for each day of
noncompliance.
New Jersey Division of
Workers'
Compensation
Within 14 days,
excusable up
to 90 days;
separate
provision for
occupational
disease
New
Mexico
Workers'
Compensation
Administration
In writing
within 15 days;
excusable up
to 60 days26
Within two years after
accident, death, last
payment, or default.
Separate provisions for
occupational diseases.
Within one year after
notice, death, or failure to
pay.27
Time tolled up to an
additional year if still in
same employment.
By agreement, subject
to approval of Judge of
Compensation. Disputed cases
litigated before Compensation
judge.
By agreement through
mandatory mediation conducted
by agency staff attorneys.
Disputed cases resolved
through hearings presided over
by agency judge. Restricted
lump-sum settlements must be
approved by judge.28
Final unless
appealed to
Superior Court
By commissioner's
representative
Commissioner of Labor
may modify no later
than four years after
last indemnity payment
except lump sums.
Established by rule; 20% of
retro-indemnity benefits;
payment of fees if medical
bills found compensable after
hearing. Attorney's fees and
interest of successful claimant
on appeal.
Appeals are to the Appellate
Division of the Superior Court.
Application to review or
modify prior award to
Judge of Compensation
within two years
of last payment of
compensation
Award is judgment.
Reviewed by Court of Appeals By workers'
compensation
judge, hearing for
modifications may be
held at not less than
six-month intervals
Not more than 20% before
division. Court may fix
reasonable fee on appeal.
Review by Agency
Department of Administration
holds hearings and appeals
for contested claims.
Modifications
Medical investigation
may be conducted at
any time based on
changed circumstance.
Attorney's Fees
District Court may assess
costs and fees if appeal is
frivolous. At appeal level and
above, claimant may utilize
free services of Nevada
Attorney for Injured Workers
for representation.
Determined by workers'
compensation judge; up to
$22,500 for both parties'
attorneys, including all levels
of appeal. Cost of attorney is
split 50/50 by employer and
employee.
USCC Workers Comp 2024

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