Filing a Worker’s Compensation Claim in Maine:

The employer is required by law to complete a First Report of Injury form whenever it has notice or knowledge of a work injury that requires medical attention or results in incapacity from work. A copy of the First Report of Injury must always be given to the employee. Another copy is submitted to Maine Merchants Self-Funded Workers' Compensation Trust. The First Report of Injury must also be submitted to the Workers' Compensation Board if an employee is unable to work--even one day.

The law requires that the company complete a First Report of Injury whenever the employee seeks medical attention. A copy of the form still needs to be given to the employee. A copy should be submitted to Maine Merchants Self-Funded Workers' Compensation Trust to be on file. The completion of the form protects the employer and the employee and initiates the statue of limitations.

Maine Worker’s Compensation Treatment:
In an emergency situation, the injured employee should seek medical attention from the nearest trauma center. Otherwise, during the first ten days after a claim is made, the employer has the right to direct the employee to a medical provider of the employer's choosing. We strongly encourage trust members to designate an occupational facility to treat injured employees. After ten days, the employee may change health care providers to someone of his or her choosing, should the employee desire.

Maine Worker’s Compensation Waiting Period:

The waiting period for compensation benefits is 7 days

Compensation is retroactive if disability continues for more than 14 days, except that firemen receive compensation from incapacity.

Maine Worker’s Compensation Benefits:
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the initial physician who will provide care, with the employee obtaining free choice of provider after a period defined by law.

Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability. Benefits may be subject to unemployment insurance benefit offsets.

Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability. Benefits may be subject to an offset for Unemployment Insurance benefits received.

Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Depending upon the extent of the disability, payments for PPD will either be capped at 364 weeks or will continue for the duration of the disability.

Scheduled awards are not paid in addition to total temporary disability benefits. Scheduled award payments commence at the time of the accident, and are reduced because of receipt of TTD benefits.

Benefits may be available for serious disfigurement of the face or head, and for disfigurement of the neck which affects earning capacity.

Physical and vocational rehabilitation benefits are available.

With certain constraints and filing deadlines, occupational hearing losses may be compensable.

Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.

Maine Worker’s Compensation Waiting Period:

You must be out of work for more than seven days before you are eligible to receive weekly compensation benefits for loss of earnings. You will be eligible for payment of compensation for the seven days of lost earnings during this waiting period only if you remain out of work for more than 14 days.

Maine Worker’s Compensation Contact Information:
Paul R. Dionne, Exec. Director
Workers’ Compensation Board
27 State House Station
Augusta, ME 04333-0027
 (207) 287-3751  (207) 287-3751 or  1-800-400-6854  1-800-400-6854
(Contact: Terrie McLaughlin)

NOTICE: These questions and answers concern Maine law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.