Free Maine Workers' Compensation FAQs | Free Maine Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

The law requires almost all public and private employers to have workers` compensation coverage. The law defines employers as private employers, public employers, water districts, other quasipublic corporations, municipal school committees, school union committees, and design professionals. The following are some examples of those that are not required to have coverage. A sole proprietor without employees is not required to have coverage under the Workers` Compensation Act. Employers who have employees engaged in agriculture or aquaculture as seasonal or casual laborers, if the employer maintains at least $25,000 in Employers` Liability insurance, with at least $1,000 in medical payments coverage. Employers of six or fewer agricultural or aquaculture laborers, if the employer maintains Employers` Liability insurance of at least $100,000 multiplied by the number of employees and has at least $1,000 in medical payments coverage. Employers of domestic servants in a private home are also not covered under the law.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

You should tell your employer as soon as possible that you have been injured. You must tell your employer within 90 days of your injury, or when you learn of your injury, that you have been injured. If you wait more than 90 days after the injury, you will lose the right to claim workers` compensation benefits.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

For the first ten days, your employer has the right to select a health care provider to treat your injury. After the first ten days of treatment you may choose a different health care provider. You do this by telling your employer that you wish to have a different person treat your injury. If you are treating with a health care provider of your own choice, your employer can require you to see a different doctor for another opinion.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If you can return to work, but your injury stops you from earning as much as you used to earn, you may receive partial benefits. Partial benefits are equal to 80% of the difference between what your average weekly wage was before your injury and your earnings after you return to work.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If your employer refuses to pay your claim they will file a Notice of Controversy. A Notice of Controversy is often called a NOC. The Notice of Controversy should indicate why the employer is not agreeing to pay your claim. If your employer files a Notice of Controversy, your case will be sent to a Troubleshooter. The Troubleshooter will try to contact both you and your employer and try to resolve the disagreement. If you receive a Notice of Controversy, and you do not hear from a Troubleshooter within 2 weeks, you should call a regional office of the Workers` Compensation Board and ask to speak to a Troubleshooter. If the Troubleshooter cannot resolve the dispute, then your case will be sent to a Mediator. The Mediator will meet with you, your employer and the employer`s insurance company. The meeting will be held in an informal setting. The parties, with the mediator`s help, will attempt to come to an agreement. The Mediator will not take sides at the mediation. Any agreements you reach must be reached voluntarily. If you need assistance, you can contact the State of Main Workers` Compensation Board at the address and phone number below.

Claims Management Unit
27 State House Station
Augusta, ME 043330027
(207) 2872002

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

If you miss more than 7 days of work because of an injury, you are entitled to receive weekly compensation benefits. If you lose between 7 and 13 days, you will be paid for those days. If you miss more than 14 days, you will be paid for all of the days that you have missed, including the first seven.

If you were injured on or after January 1, 1993, your employer will pay you 80% of your aftertax average weekly wage. This is called your compensation rate. There is a limit on how much you can receive. Currently, the maximum benefit you can receive is $524.18 per week. If you were injured prior to January 1, 1993, your employer will pay you 2/3 of your gross average weekly wage.

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