• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does an equine activity statue affect an employee's right to worker's compensation?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

HP2000

Junior Member
In New Hampshire, it is my understanding that all employers must offer workers compensation to employees pursuant to RSA 281-A. In this "hypothetical" situation, an employee of an equine boarding facility has been injured, and is seeking worker's compensation, which the employer has denied them. There is an Equine Activity Statute in NH which bars individuals from pursuing personal injury lawsuits in cases of injuries caused by equines, because of "inherent risk." However, if the injury was sustained by an employee, shouldn't they still be covered by New Hampshire's worker's compensation law and therefore able to seek compensation through workers compensation only, (NOT by pursuing a personal lawsuit), regardless of the presence of the Equine Activity Statute? Since the statute does not specifically mention workers compensation, it seems to be a gray area which is, in this hypothetical situation, being contested by the employer and their counsel.
 


Zigner

Senior Member, Non-Attorney
In New Hampshire, it is my understanding that all employers must offer workers compensation to employees pursuant to RSA 281-A. In this "hypothetical" situation, an employee of an equine boarding facility has been injured, and is seeking worker's compensation, which the employer has denied them. There is an Equine Activity Statute in NH which bars individuals from pursuing personal injury lawsuits in cases of injuries caused by equines, because of "inherent risk." However, if the injury was sustained by an employee, shouldn't they still be covered by New Hampshire's worker's compensation law and therefore able to seek compensation through workers compensation only, (NOT by pursuing a personal lawsuit), regardless of the presence of the Equine Activity Statute? Since the statute does not specifically mention workers compensation, it seems to be a gray area which is, in this hypothetical situation, being contested by the employer and their counsel.
I'm sorry, but we don't do hypotheticals, nor do we do your homework for you.
 

HP2000

Junior Member
I'm sorry, but we don't do hypotheticals, nor do we do your homework for you.
Ok, I don't really know what you mean by doing my homework for me. However, if you'd like me to rephrase my question from a hypothetical, I will restate it more simply:
Does anyone here know if the presence of an equine activity statute will prevent an employee from collecting workers compensation, even though workers compensation is required by law for all employers in the state of New Hampshire?
I'm not asking anyone to "do my homework for me." I am simply asking if anyone has knowledge of this area that they can share with me. Is that better, Zigner?
 

Zigner

Senior Member, Non-Attorney
Ok, I don't really know what you mean by doing my homework for me. However, if you'd like me to rephrase my question from a hypothetical, I will restate it more simply:
Does anyone here know if the presence of an equine activity statute will prevent an employee from collecting workers compensation, even though workers compensation is required by law for all employers in the state of New Hampshire?
I'm not asking anyone to "do my homework for me." I am simply asking if anyone has knowledge of this area that they can share with me. Is that better, Zigner?
I suppose a work-comp attorney in New Hampshire could answer this question for you.
 

HP2000

Junior Member
I suppose a work-comp attorney in New Hampshire could answer this question for you.
Yes, they could, and I have an attorney working on it for me. I have also read and re-read the state's worker's comp and EAS laws, I'm just trying to see if there are any other people out there who might have relevant information to share with me in the mean time.
 

Zigner

Senior Member, Non-Attorney
Yes, they could, and I have an attorney working on it for me. I have also read and re-read the state's worker's comp and EAS laws, I'm just trying to see if there are any other people out there who might have relevant information to share with me in the mean time.
Nobody here will second-guess your attorney. Speak to your attorney about your concerns.
 

HP2000

Junior Member
Nobody here will second-guess your attorney. Speak to your attorney about your concerns.
I'm not asking anyone to second-guess my attorney or even give me advice that I can use in a hearing. I'm just putting the question out there in case anyone has some relevant understanding of the law that I do not possess. Since the name of this forum is "freeadvice.com," it seemed that this would be an appropriate forum to pose my question to anyone who has knowledge of the areas that I am asking about.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top