Workers’ Compensation Laws in Maine
If you were injured while working in Maine, you may be eligible for benefits through the state’s workers’ compensation system. These laws are designed to protect both employees and employers when a workplace injury or illness occurs.
Which Employers Must Carry Coverage?
In Maine, all employers with at least one employee must carry workers’ compensation insurance, regardless of whether workers are part-time or full-time. Exceptions include:
- Sole proprietors and partnerships with no employees
- Certain domestic workers
- Independent contractors who meet Maine’s legal definition
The Maine Workers’ Compensation Board (WCB) monitors employer compliance and penalizes those who fail to carry required coverage.
Benefits Available to Injured Workers
Maine’s workers’ compensation benefits include:
- Medical Treatment: Covers all related healthcare expenses without co-pays or deductibles
- Temporary Total Disability (TTD): Wage replacement when you can’t work at all
- Partial Disability: For workers who can return to limited or part-time duties
- Permanent Impairment Benefits: Compensation for lasting physical loss or loss of function
- Vocational Rehabilitation: Helps you retrain for a new job if needed
- Death Benefits: Financial support for surviving dependents if a worker dies from a job-related incident
Wage replacement is generally 80% of your after-tax average weekly wage, subject to weekly maximums set by the state.
Reporting and Filing Deadlines
Injured workers must act quickly:
- Report your injury to your employer within 30 days
- File a claim for compensation with the Maine WCB within 2 years of the injury or last payment of compensation
Failing to meet these deadlines may disqualify you from receiving benefits.
Choosing a Medical Provider
Initially, your employer or insurer can choose the doctor for the first 10 days of treatment. After that period, you may select your own provider. It’s important to inform the insurance company of your chosen doctor.
Insurers may require an independent medical exam (IME) from a neutral third-party physician, especially when there are disputes about treatment.
Common Work Injuries Covered in Maine
Typical work injuries eligible for workers’ comp benefits in Maine include:
- Slip-and-fall injuries
- Lifting-related back or neck injuries
- Machine or equipment-related trauma
- Exposure to harmful chemicals
- Repetitive motion injuries (e.g., tendonitis)
- Construction-related accidents
Mental health conditions like PTSD may also be covered, especially for first responders, but these claims can be more complex.
How to Handle a Dispute
If a dispute arises, the Maine Workers’ Compensation Board offers several ways to resolve it:
- Troubleshooting: An informal process to help settle simple issues
- Mediation: A WCB mediator helps both parties reach an agreement
- Formal Hearing: A workers’ comp hearing officer makes a binding legal decision
Most disputes involve denial of claims, reduced benefits, or disagreements over medical care or return-to-work status.
Retaliation Is Illegal
Maine law prohibits employers from retaliating against employees who file for workers’ compensation. If you’re fired, demoted, or treated unfairly after filing a claim, you may have a separate legal case for wrongful termination.
Legal Help for Workers
Consider contacting a workers’ compensation attorney in Maine if:
- Your claim has been denied or delayed
- You were asked to return to work before you’ve recovered
- You’re facing permanent disability and unsure how to proceed
- You believe your employer retaliated against you
Protect Your Rights After a Work Injury
Maine workers’ compensation laws exist to support injured employees, but getting the benefits you deserve may not be easy. If you’ve been hurt on the job, report your injury, seek medical care, and file your claim within the legal deadlines. And if problems arise, don’t hesitate to seek legal guidance.