Workers' Comp for Janitorial in New Hampshire (2026)

How workers' comp works for janitorial in New Hampshire

New Hampshire is an NCCI state with a competitive private insurance market. The New Hampshire Department of Labor — Workers' Compensation Division administers the program under RSA 281-A. There is no state fund; all coverage is placed through licensed private carriers or the assigned-risk pool. Every employer with one or more employees — full-time or part-time — must carry coverage from day one of hiring. New Hampshire's benefit maximum is the highest in this 10-state batch: at $2,074.25/week (effective 7/1/2025), driven by a state average weekly wage of $1,382.83 and the statutory 150% cap under RSA 281-A:28. The NCCI filed a significant -6.1% voluntary market rate decrease for New Hampshire effective January 1, 2026, the first major rate reduction in several years.

Class code and rate (2026)

• Code 9014 — Janitorial Services by Contractors, No Window Cleaning Above Ground Level & Drivers. NCCI New Hampshire 2026 filing: -6.1% voluntary market decrease effective January 1, 2026. Indicative market rate post-reduction: approximately $2.45–$2.65/$100 payroll. Confirm current class 9014-specific rate at ncci.com.
• Code 9170 — Above-ground window cleaning. Higher rate; separate payroll required.

Indemnity benefits (New Hampshire 2025–2026)

• Max weekly TTD: $2,074.25 (effective 7/1/2025; = 150% of SAWW $1,382.83; per NH DOL benefit rate announcement; RSA 281-A:28,II). The 7/1/2026 rate will be reset based on the 2025 calendar-year average weekly wage certified by NH Employment Security.
• Min weekly benefit: $414.85 (effective 7/1/2025; = 30% of SAWW; RSA 281-A:28,I — applies when employee's AWW is ≤ 30% of SAWW).
• Compensation rate: 60% of AWW for injuries occurring after February 8, 1994 (current law; note: NH HB 744 introduced in 2025 would increase this to 66⅔%, but the bill has not been enacted as of this writing).
• Waiting period: 3 calendar days; first 3 days compensated retroactively if disability exceeds 14 days (RSA 281-A:28 and NH DOL guidance).
• PPD (permanent partial disability): 60% of AWW difference between pre- and post-injury earning capacity; maximum 262 weeks (RSA 281-A:31-a).
• PTD: 60% of AWW for life, capped at $2,074.25/week (7/1/2025 rate).

Coverage thresholds and exemptions

• Mandatory for all employers with 1 or more employees; RSA 281-A:5 — no employee-count threshold.
• Sole proprietors excluded from mandatory coverage for themselves (may elect voluntarily); corporations and LLCs may exclude up to 3 executive officers or members (RSA 281-A:18-a).
• Domestic employees covered under homeowner's policies per RSA 281-A (if private residence employer); cleaning contractors are always subject employers.
• Independent contractor test: 12-factor ABC-like test under RSA 281-A:2,VI(b); janitorial cleaning crews under a contractor's supervision almost always qualify as employees — contemporaneous written agreements provide only prima facie evidence, not a safe harbor.

Failure-to-insure penalty

Under RSA 281-A:33, an employer who fails to maintain required coverage exposes any injured worker to a claim for double compensation — the employer is solely liable for the doubled amount, not any insurer. The NH Department of Labor may also issue enforcement orders and pursue administrative remedies. The employer remains personally liable for all medical and wage-loss benefits owed to injured workers during the uninsured period. Repeated or knowing violations subject employers to further DOL enforcement action including potential stop-work orders.

Cost drivers specific to janitorial in New Hampshire

• Top injuries (BLS NAICS 561720): slips/falls, back/shoulder strains, chemical inhalation — NH's concentration of granite-state industrial and commercial facilities (including healthcare and higher-education campuses) drives moderate-to-high average claim severity.
• New Hampshire's $2,074.25/week maximum (7/1/2025) is the highest in this batch and one of the highest nationally — a totally disabled janitorial worker collecting maximum TTD costs more than $107,000 annually in benefit exposure.
• The -6.1% NCCI rate reduction for 2026 improves pricing competitiveness; bid math should use the post-reduction rate.
• Bid-math note: at ~$2.50/$100, load WC at approximately 2.5% of gross wages in New Hampshire bids. The 60% compensation rate (vs. 66.67% in most states) slightly reduces benefit exposure for high-wage earners.

Primary sources

• New Hampshire Department of Labor — Workers' Compensation Division
• NH WC Current Benefit Rates — July 2025 (max $2,074.25, SAWW $1,382.83)
• NCCI New Hampshire 2025 Advisory Forum Filing (-6.1%, eff. 1/1/2026)
• NCCI Class Code Lookup
• BLS NAICS 561720 Injury Data