Maine Workers’ Compensation Basics

• Citation for Maine Act: 39-A M.R.S.A. §101 et seq.
• AWW calculation: based upon the 52 weeks of earnings prior to the date of injury.
• Benefit calculation: Date of Injury: 1/1/93-12/31/12: 80% of after-tax average weekly wage, based upon Federal tax filing status Date of Injury; As of 1/1/13: 2/3rds of gross pre-injury AWW.
• Benefit duration: Date of Injury: 1/1/93-12/31/12: If permanent impairment assessment falls below the threshold for the injury date and the employee is only partially incapacitated, benefits are capped at 520 weeks of payment of total and partial combined. 1/1/13-12/31/2019: If the employee is only partially incapacitated, benefits are capped at 520 weeks of payment of total and partial combined unless extreme financial hardship due to inability to return to gainful employment and the level of permanent impairment has no bearing on the duration of benefits. After 1/1/2020: If the employee is only partially incapacitated, benefits are capped at 624 weeks and the level of permanent impairment has no bearing on the duration of benefits.
• Covered injuries: Any injury “arising out of and in the course of employment” as well as any occupational injury as of the date of incapacity due to the occupational exposure.
• Covered employers: Generally all employers.
• Notice: 1/1/93-12/31/12: 90 days from date of injury; 1/1/13-12/31/2019: 30 days from date of injury; As of 1/1/2020: 60 days from the date of injury.
• Statute of Limitations: 2 years after the date of injury unless payment is made, then six years from last payment.
• Covered employees: Generally any person “permitted or suffered to work”.
• Permanent Impairment: PI benefits payable only for actual loss or essentially actual loss of body part and paid per schedule.
• Appeal is to Appellate Division. Appeal from Appellate Division is by petition to the Law Court. Review by the Law Court is not of right and only errors of law may be appealed and reviewed.
• Settlement: All benefits generally subject to full and final settlement, including future medical costs.

For questions about Maine Workers’ Compensation Law, please contact Elizabeth Connellan Smith, Esq., at (207) 253-4460 or esmith@verrill-law.com.