Workers' Compensation in Maine: A Guide for Injured Workers
VBK Law understands that workplace injuries can be a stressful and confusing time. If you’ve been hurt on the job, navigating Maine’s workers’ compensation system can feel overwhelming.
This guide provides a general overview of workers’ compensation in Maine, including its history, eligibility, benefits, and your rights as an injured worker.
If you want to contact a VBK workers’ compensation lawyer right away, you can feel confident in the hands of Lisa Cohen Lunn, our highly experienced and qualified workers’ compensation lawyer.
A Brief History of Workers' Compensation in Maine
Before the 20th century, injured workers had few legal options. They often relied on charity or personal savings to recover from workplace accidents. With few protections for workers, families could be devastated financially if a breadwinner was severely injured or killed on the job.
This spurred a movement for laws to compensate employees hurt at work without requiring expensive lawsuits.
Maine passed the first Workers’ Compensation Act in 1917. This significant legislation established a no-fault system, meaning injured workers receive benefits regardless of who caused the accident.
This shifted the burden from workers to employers, who were required to carry insurance to cover medical expenses and lost wages.
Over the years, the Act has been amended to reflect changes in the workplace.
How Do I Know if I Qualify for Workers' Compensation Benefits in Maine?
To be eligible for workers’ compensation in Maine, your injury or illness must:
Arise out of and in the course of your employment
This means the injury happened while you were performing your job duties or because of those duties. For example, a slip and fall in the workplace qualifies, while an injury sustained during your lunch break away from the premises might not.
Be reported to your employer within 30 days
This is a crucial step, so don’t delay. The Maine Workers’ Compensation Board (WCB) can guide the reporting process.
Examples of Qualifying Injuries and Illnesses
- Slips, trips, and falls
- Repetitive stress injuries (carpal tunnel syndrome, etc.)
- Injuries from machinery or tools
- Work-related illnesses (exposure to hazardous materials, etc.)
- Significant aggravation of a pre-existing condition
Examples of Injuries That May Not Qualify
- Injuries sustained while commuting to and from work (unless on a specific work errand)
- Injuries caused by intoxication or horseplay
- Injuries resulting from intentional self-inflicted harm
Workers' Compensation Benefits in Maine
If you qualify for workers’ compensation, you may be entitled to several benefits, including:
Medical benefits
This covers all necessary medical expenses related to your work injury, including doctor visits, hospitalization, surgery, and physical therapy. Your employer’s insurance company will typically choose the initial healthcare provider, but you have the right to seek a second opinion and choose your own provider after 10 days.
Lost wage benefits
Generally, benefits are available if you miss more than seven days of work. You’ll receive two-thirds (2/3) of your average weekly wage, with a maximum benefit amount set by the Maine Workers’ Compensation Board (WCB).
Death Benefits
Under appropriate circumstances, death benefits may be available. Contact VBK to learn more.
The Workers' Compensation Medicare Set-Aside System (WCMSA)
A WCMSA is a legal trust established to set aside funds specifically for your future medical expenses related to the work injury. This helps ensure Medicare doesn’t deny coverage for those expenses.
A confident, enthusiastic workers’ compensation lawyer like Lisa Cohen Lunn can advise you on whether a WCMSA is necessary in your case.
Frequently Asked Questions and Answers
Q. My employer refuses to fill out a first injury report. What can I do?
– We recommend that you contact a lawyer.
Q. I’ve received workers' compensation benefits for a year, but now I’m receiving communications that my compensation will be cut off. What do I do?
– We recommend that you contact a lawyer.
Q. Do I have to undergo a certain treatment? My adjuster says I have to have a specific procedure. Do I have to?
– No, you do not. Please call a lawyer if you want more information.
Q. The insurance adjuster has offered to settle my workers’ compensation case, but I’m not sure if what is being offered is fair. What should I do?
What to Do if Your Rights Are Violated
Lisa Cohen Lunn of VBK Law understands that navigating the workers’ compensation system can be complex.
Here are some tips if your rights are violated:
Call a Lawyer
If your employer refuses to file a first report of injury, your benefits are being cut off unexpectedly, or you have questions about your specific treatment options (for example, being pressured into a specific medical procedure), an experienced workers’ compensation attorney can help.
Contact the Maine Workers’ Compensation Board
The WCB offers resources and can answer questions about the claims process.
Disclaimer
The information provided here is not a substitute for legal advice. Always consult with an attorney to discuss the specifics of your case.
Contact VBK for Highly Skilled Workers’ Compensation Representation
VBK Law understands that workplace injuries can be a stressful and confusing time. If you’ve been hurt on the job, navigating Maine’s workers’ compensation system can feel like a lot.
Call a lawyer who can help. At VBK, you are in excellent hands.
VBK is the Solution You Need
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