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Workers' Compensation Summary - Maine

The Maine Workers' Compensation Board administers Workers' Compensation law. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Maine. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Workers' Compensation Board, and is current as of January 2011.

In Maine, compensation benefits are adjusted annually, and changes become effective July 1 of each year. The rates shown below are in effect from July 1, 2010 to June 30, 2011.

Type of Law and Insurance Requirements

In Maine, workers' compensation is compulsory, and some waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees. Employers of agricultural or aquacultural laborers are exempt if employer has six or fewer workers, or more than six workers but total hours worked by all does not exceed 240 hours in a week or has not exceeded 240 hours anytime during the 52 weeks preceding injury, and employer maintains required liability and medical coverage.

Coverage of Agricultural Workers

Agricultural workers are covered, except seasonal or casual. An employer of 6 or less farm workers may alternatively secure the payment of compensation by obtaining an employer's liability insurance policy (total limit not less than $100,000 and medical payment coverage of no less than $1,000). Employers of agricultural or aquacultural laborers are not liable for securing compensation payment if the employer has 6 or fewer laborers, or the employer has more than 6 such laborers but the total number of hours they worked in a week does not exceed 240, and has not exceeded 240 hours at any time during the 52 weeks immediately preceding the injury.

Coverage of Domestic Employees

Employers are permitted to provide voluntary coverage.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 80% of worker's after tax earnings. For weekly payments, there is no minimum and the maximum is $622.20, 90% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to benefit offsets, except if benefits started prior to date of injury, or if benefits are a spouse's entitlement.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 80% of worker's after tax earnings. For weekly payments, there is no minimum and the maximum is $622.20, 90% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to benefit offsets, except if benefits started prior to date of injury, or if benefits are a spouse's entitlement.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 80% of worker's after tax earnings. For weekly payments, there is no minimum and the maximum is $622.20, 90% of SAWW. For non-scheduled injuries, the maximum period of payments is 312 weeks or the duration of disability if impairment is in excess of 15% to the body, and the maximum payment amount is $194,126.

Disfigurement Benefits

Maine law covers disfigurement that is "Serious facial or head; or neck if it affects earning capacity". Benefits are an amount not exceeding 2/3 of the state average weekly wage, multiplied by 50.

Offset Provisions in State Laws

Section 111-A--Offsets benefits for personal injury or disease under an insured disability or medical payments plan against payments for workers' compensation.

Section 62-A--Reduces benefit payments by the amount of any concurrent unemployment compensation benefits, excluding lump sum settlements and scheduled permanent partial disabilities.

Section 62-B--Reduces total and partial disability benefits by:

(1) fifty percent of the amount of old age insurance benefits received under the Federal Social Security Act;

(2) the after tax amount of the payments received under an employee benefit plan provided by the same employer, if the employee did not contribute directly to the plan; and,

(3) the proportional amount, based upon the ratio of the employer's contributions to the total contributions, if the employee did contribute directly to the plan.

Contact Information

Maine Workers' Compensation Board
AMHI Complex
Deering Building
Augusta, Maine 04333

Mailing Address:
27 State House Station
Augusta, Maine 04333-0027

Phone: (207) 287-3751
TTY: (207) 287-6119
FAX: (207) 287-7198

Internet: http://www.maine.gov/wcb/

Additional Information

Workers' Comp Rules and Regulations are available in MS Word format online at:
http://www.maine.gov/wcb/rules/90_351.rtf

The Workers' Compensation Law is available online at:
http://janus.state.me.us/legis/statutes/39-A/title39-Ach0sec0.html

Current and historical benefit levels are available online at:
http://www.maine.gov/wcb/departments/benefittablepublications.htm

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the WCC website at:
http://www.maine.gov/wcb/

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