What are Your Maine Workers’ Compensation Benefits?

Maine workers’ compensation covers the cost of medical treatment and lost wages if you’ve been injured at work. Workers can earn benefits to aid in their recovery, while employers are protected from liability from their employee’s injuries.

Since its inception in 1915, this program has been the primary source of benefits for injured Maine workers.

Designed to serve as no-fault compensation, employees eligible for workers’ compensation in Maine may not sue their employer in the courts (in most cases) after an on-the-job injury.

If you’ve recently been hurt in the Pine Tree State, you may be asking what injuries qualify for Maine workers’ compensation benefits and how to apply. Read on for all the details about workers’ comp benefits in Maine.

What Does Maine Workers’ Compensation Law Cover?

This program provides benefits to workers who suffer injuries or illness on the job, including:

• Lost wages from losing time at work due to an injury
• Compensation for medical bills which include prescriptions, rehabilitation, and accommodation of your injury
• Payments for specific body part loss
• Job retraining and reemployment
• Death benefits awarded to dependents whose loved one(s) suffered a fatal work-related injury

Note that Maine workers’ compensation does not pay for non-economic damages like pain and suffering and emotional distress. Workers’ comp strictly pays for lost earnings, medical fees, and reduced earning potential from a work injury.

Is Workers’ Compensation Insurance Mandatory in Maine?

Yes, almost every employee in Maine is covered by this type of insurance. The only exceptions are sole proprietors without employees, some agricultural workers, some domestic workers, and independent contractors.

Penalties for Not Carrying Maine Workers’ Compensation

If employers continue to disobey the statutes listed in Title 39-A of the Maine Workers’ Compensation Act, they may face the following penalties:

• A daily fine of up to $200 for every day of noncompliance. $50 paid to the employee and the rest to the Workers’ Compensation Board Administrative Fund.
• Guilty of a Class-D crime if knowingly violating Maine workers’ compensation law.
• Civil penalties up to $10,000 or 108% of the premium owed by the employer, whichever is larger.
• Administrative dissolution ordered by Title 13‑C, section 1421 or revoking a company’s ability to do business with the state.

Types of Losses Maine Workers’ Compensation May Cover

Maine workers’ compensation insurance may cover many losses, including medical costs to treat and recover from your acute, occupational, or repetitive workplace injury.

Next, it serves as a partial wage replacement benefit and covers temporary or permanent disabilities. It can also cover funeral costs in the event of an employee’s death.

Workers’ compensation is a no-fault system, meaning it doesn’t matter who caused the injury. However, it won’t cover injuries that happened when an employee was off-duty or acting outside the scope of their employment.

How to Start Your Maine Workers’ Compensation Claim

First, tell your employer within 60 days of being injured at work that you suffered a work-related injury (the rule was 30 days for injuries before January 1, 2020).

Even though you have a 60-day time limit, it’s best to notify your employer as soon as possible to expedite your Maine workers’ comp claim.

When you notify your employer, they must fill out a First Report of Injury and give you a copy. They must also pay your claim for lost time within fourteen days or send a Notice of Controversy to you and the Workers’ Compensation Board.

According to the law in Maine, the notice of your injury or illness must be given to:

• The employer, or to one employer if there are more employers than one;
• If the employer is a corporation, to any official of the corporation
• Any employee in charge of receiving workers’ compensation complaints
• Any doctor, nurse or other emergency medical personnel designated for work injuries.

Can You Choose Your Doctor?

Yes, but not right away. Your employer’s selected health care provider must take care of your injury for the first 10 days of treatment.

To change providers, tell your employer you plan to change as well the name of the new health care provider.

How Long Does Workers’ Compensation Last in Maine?

You can receive treatment until you recover from your injury. Your employer must pay for reasonable and proper treatment related to your injury until you reach maximum medical improvement.

However, if your incapacity is total, you may receive benefits for as long as you are unable to work.

IMPORTANT: Total incapacity means that you are unable to work at all because of your injury. Partial incapacity benefits are due if you are able to work, but suffer injury-related work restrictions.

If you were hurt on or after January 1, 2020 and your incapacity is partial, you can receive benefits for a maximum of 624 weeks in Maine.

How are Injury Settlements Calculated in Maine?

Know that you cannot receive your full wage when recovering from a work injury in Maine. The state allows two-thirds of your after-tax, average weekly wages, capped by a maximum limit. The limit also changes according to the date of your injury.

IMPORTANT: You may receive a higher settlement if you work with a lawyer in Maine who specializes in worker’s comp cases. There are many reasons your claim may be denied, so maximize your chances by teaming up with a lawyer.

If your loved one died from a work-related injury, death benefits of two-thirds their average weekly wage may be available. This is calculated after taxes, and can last up to 500 weeks after the injury.

Burial expenses and medical benefits may be compensated for as well under Maine workers’ compensation.

“If the employee dies as a result of the injury, the employer shall pay, in addition to any compensation and medical benefits provided for in this Act, the reasonable expenses of burial, not to exceed $4,000 and an additional payment of $3,000 as incidental compensation.”

–Maine Revised Statutes Title 39-A. Workers’ Compensation § 216

Can You Receive Other Benefits While on Workers’ Comp?

Yes. If all or part of a claim was denied by workers’ compensation, a claim may be filed with Medicare.

If you’re eligible to receive benefits under an employer’s insured, non-occupational disability plan, the employer cannot delay or refuse payment because you filed a Maine workers’ compensation claim.

What if Your Maine Workers’ Comp Claim was Disputed?

If there is a dispute about whether your employer must pay your claim, a state troubleshooter will contact you and try to resolve the dispute.

If the official troubleshooter cannot resolve the dispute, the next step is an official mediation. This step gathers all parties together to resolve the issue voluntarily.

If mediation does not resolve the dispute, you may request a formal hearing.

Qualified injured workers are entitled to the services of a Worker Advocate, a person who provides legal representation without cost to injured workers pursuing claims before the Workers’ Compensation Board.

IMPORTANT: You always have the option to hire your own workers’ comp attorney as well.

Deadlines in Maine Workers’ Compensation Law

You must tell your employer what happened within 60 days of being injured at work that you suffered a work-related injury (30 days for injuries before January 1, 2020).

They must pay your claim for lost time within 14 days or submit a Notice of Controversy to you and to the Workers’ Compensation Board.

There is also a two-year time limit for filing a WC claim. If the worker does not file a petition within two years of the date of injury, they may lose the right to claim benefits in the future.

There is an exception to this statute of limitations rule. If the employer made payments without admitting liability, the worker has six years from the date of the most recent payment to file.

Find a Maine Workers’ Comp Attorney Through LegalASAP

Talking to a qualified attorney can help you organize your claim to maximize your chances of approval. To learn if our attorneys can help you pursue your claim, get a free workers’ comp case evaluation online.

Workers’ comp attorneys work on a contingency basis. So, you won’t have to pay anything out-of-pocket for legal services if you’re approved for a claim.

Let LegalASAP connect you with a lawyer in your area today! We can help you get the benefits you deserve so you can focus on healing and getting back to work.