2020 Analysis of Workers' Compensation Laws - 104

Chart XI-Administration: Notice to Employer and Claims, cont.

104 | 2020 Analysis of Workers' Compensation Laws

Jurisdiction

Administration

Nevada

Division of
Industrial
Relations

New
Hampshire

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

Within seven
days of injury

Within 90 days after
accident or one year after
death.24

By agreement in conformity
with Act, subject to approval of
insured.25

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.26

Department of Administration
holds hearings and appeals
for contested claims.

Medical investigation
may be conducted at
any time based on
changed circumstance.

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.

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.

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.

New Jersey

Division of
Workers'
Compensation

Within 14 days,
excusable up
to 90 days;
separate
provision for
occupational
disease

Within two years after
accident, death, last
payment, or default.
Separate provisions for
occupational diseases.

By agreement, subject
to approval of Judge of
Compensation. Disputed cases
litigated before Compensation
judge.

Final unless
appealed to
Superior Court

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

Not more than 20% before
division. Court may fix
reasonable fee on appeal.

New
Mexico

Workers'
Compensation
Administration

In writing
within 15 days;
excusable up
to 60 days27

Within one year after
notice, death, or failure to
pay.28 Time tolled up to an
additional year if still in
same employment.

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.29

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

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.
2020 Analysis of Workers' Compensation Laws

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