Maine Workers' Compensation: Fast Facts

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Coverage Requirements Under Maine State Law

Most Maine employers with at least one employee must provide workers' compensation insurance coverage.

Work-Related Injury or Illness Reporting Requirements

Notify your employer immediately about your work-related illness or injury, preferably in writing. You must report it within 60 days or lose your right to any Maine workers' compensation benefits. Within 7 days after notification, your employer must complete the first report of injury form and give you a copy. Once you return to work again, you must notify your employer within 7 days.

Where to Seek Medical Care

Your employer chooses which doctor you see for the first 10 days of your medical care. Once that period ends, you have the right to choose any treating physician. However, you must notify your employer that you plan to change doctors and who you're switching to before you do so. Finally, your employer can request a second opinion from their preferred healthcare provider.

Waiting Period for Lost-Wage Benefits in Maine

Your first 7 days off are always unpaid unless you're unable to work at all for at least 2 weeks. Your TTD payments should begin on the 14th day after you report your work injury or illness to your supervisor. On day 15, you'll qualify for lost-wage benefits covering that first unpaid week you took off work. If you don't need at least a week off work to recover, then workers' compensation only pays your medical bills.

Maine Workers' Compensation Statute of Limitations

You have two years from your job injury or illness diagnosis date to file your Maine workers' compensation claim.

Maine Weekly Compensation Rate

You can receive 66 2/3% of your gross average weekly wages, subject to the state's current maximum and minimum amounts.

How Long You Can Receive Maine Workers' Comp Benefits

  • Medical benefits: unlimited until you return to work or reach maximum medical improvement, whichever comes first
  • Death benefits: $4,000 for funeral and burial expenses, $3,000 for incidental expenses, plus weekly payments totaling no more than the AWW at the time of the deceased's death for up to 500 weeks
  • Temporary Total Disability (TTD):until you return to work at the same earnings level or duration of disability
  • Permanent Partial Disability (PPD): up to 2/3 of the difference between your AWW prior to and then after your injury date for up to 624 weeks
  • Temporary Partial Disability (TPD):up to 624 weeks
  • Permanent Total Disability (PTD): duration of disability

Maine Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Maine workers' comp coverage:

  • Certain agricultural or aquaculture employees
  • Domestic workers employed in a privately owned home
  • Federal employees
  • Independent contractors
  • Sole proprietors

Maine Workers' Compensation Attorney Fees

All Maine workers' compensation attorneys work on contingency. This means you only pay your attorney if they help you win your case. If you don't win, then you pay your workers' compensation attorney nothing. Under Maine law, you'll pay no more than 30% of your total award for a contested case. If you receive a lump-sum settlement for an uncontested case, your attorney can charge no more than 10% in legal fees.