Maine Workers' Compensation
Maine workers' or workman's compensation is provided to Maine employees who are injured at work from an injury that "arises out of and during the course and scope of employment". Maine workers' compensation can include wage loss and medical benefit compensation.
Workers' compensation in Maine is considered the exclusive remedy for work injuries and eliminates the ability of most injured workers to file a Maine personal injury claim against their employer for work injuries. Workers compensation is no-fault insurance and allows the Maine employee to receive compensation without proving the employer's actions caused the work injury.
Workers' compensation can be a benefit to both the employee and the employer, allowing both parties to avoid a lengthy legal battle. However, the employee may forfeit a higher payout than they would have received if they had won a court battle, and the employer may pay benefits that would not have had to pay if they had won a court battle.
Workers' compensation in Maine is administered by the Maine Workers' Compensation Board whose primary purpose is "to serve the employees and employers of the State fairly and expeditiously by ensuring compliance with the workers' compensation laws". The Maine Workers' Compensation board accomplishes their goals by preventing disputes, reducing litigation and facilitating cooperation between the laborers and management.
Hiring a Maine Workers' Compensation Lawyer
If you have been permanently or seriously injured or if your Maine workers' comp claim has been denied, contact a Maine workers' compensation attorney. Find a Maine lawyer who has helped claimants who have suffered similar work injuries and can help you at every level of your Maine workers' comp case.
Workers comp lawyers in Maine can also assist workers who have been unfairly terminated, suffered discrimination or harassment or who have been fired due to their work injuries.
Work Injuries Covered Under Maine Workers' Compensation
Workers comp laws can vary by state so it is important to talk to a workers' comp lawyer in Maine if you have questions, but in general, workers' compensation is provided for work injuries or occupational diseases that arise out of the normal course of employment.
Some Maine work injuries will not be covered including:
- The work injury occurred while an employee was not engaged in work activities.
- The work injury occurred as a result of horseplay.
- The work injury occurred because the employee was intoxicated from alcohol or drugs.
- The work injury occurred because the employee failed to use the safety equipment supplied by the employer.
- The employer was injured while travelling to and from the office.
- The employee was engaged in voluntary, recreational or social activities.
Work Injuries Covered Under Maine Workers' Compensation include: Neck injuries, Back injuries, Carpal Tunnel, Concussions, Heart attacks on the job, Strokes on the job, Amputations, Injuries from inhaling toxic chemicals, Closed head injuries, Paralysis, Burns, Spinal cord injuries, Abrasions, Electrocution, Puncture wounds, Post Traumatic Stress Disorder (PTSD), and Pulmonary conditions.
Maine Worker's Compensation Benefits
Maine workers' compensation includes a variety of compensation benefits to workers who suffer from a work injury.
- Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to employees who are injured at work and unable to work. There is a 7 day waiting period after the work injury before TTD benefits will begin. If the worker is unable to work for more than 14 days, the first 7 days of disability will be paid (exceptions exist for firemen who are able to receive TTD benefits from the first day of their work injury).
TTD benefits are compensated at 80% of the worker's after tax wage up to a maximum established under Maine state workers' compensation law. TTD benefits may continue for the duration of the work injury.
- Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits (PPD) are paid to Maine workers who have a permanent partial disability. PPD benefits are paid at 80% of the worker's wages after taxes. There is no weekly minimum, but the maximum PPD benefit is 90% of the state's average weekly wage.
- Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are payable to Maine employees who have been injured at work and due to their work injury are unable to return to any type of employment. PTD benefits are paid at 80% of the injured worker's after tax earnings up to a maximum amount allowed under Maine workers' compensation law. PTD benefits are paid for the duration of the work injury or resulting disability.
- Medical Benefits - Full medical benefits are provided to Maine workers who suffer a work injury. Medical benefits are provided without time or monetary benefits. Maine employers make the initial selection of the treating physician but the employee may have the option to change doctors after a pre-defined period.
- Death Benefits - Death benefits are paid to the surviving dependents of Maine employees who die from a work injury. Death benefits include may include a weekly payment equal to 80% of the employee's after tax average weekly wage up to the maximum allowed under Maine's workers compensation law. Workers compensation death benefits may be paid up to 500 weeks after the death. Exceptions may exist if the dependent is less than 18 years old. Burial expenses are also paid up to a state maximum amount.
- Vocational Rehabilitation Service - Vocational rehabilitation services may be available to Maine employees who are injured and unable to return to work. Employment rehabilitation services may be available for up to 52 weeks but can be extended under certain conditions. The goal of vocational rehabilitation is to assist the employee's return to the workforce and if they can not return to the previous job, help them find another job which is suitable for them given their mental and physical limitations.