Smith v. American Employers' Insurance

The question presented is whether RSA ch. 281 deprives the plaintiff employee of her right to proceed at common law against a third party for allegedly negligently causing her injury, when the third party is her employer’s workmen’s compensation insurance carrier. The defendant contends that it does so. The issue is one of legislative intent and to determine it we must examine our workmen’s compensation statute.

The material portions of RSA 281:14 read as follows: “When an injury for which compensation is payable under the provisions of this chapter has been sustained under circumstances…