Lawyers generally handle workers' comp cases, like most personal injury cases, on what's called a "contingency fee" basis. That means if you win your case, your attorney receives a percentage of your workers' comp benefits or settlement. If you lose, there's no fee.
Injured workers are entitled to wage replacement and medical treatment benefits. Wage replacement is equal to two-thirds of your average weekly wages, subject to a maximum equal to 90 percent of the Maine average weekly wage. In most cases, you may receive partial incapacity compensation for a maximum of 520 weeks.Dec 11, 2018
Partial incapacity benefits are due if you are able to work but still have some restrictions on what you can do because of your injury. If your incapacity is partial, you can, with an exception, receive benefits for a maximum of 520 weeks.
How much does workers' compensation insurance cost in Maine? Estimated employer rates for workers' compensation in Maine are $1.28 per $100 in covered payroll.
Are my workers' compensation benefits considered taxable income? In most states, workers' compensation benefits are considered reportable but not taxable income. We encourage you to contact a tax professional if you have additional questions.
How do I file a workers compensation claim in my state? You must tell your employer that you were injured within 30 days of the injury. Your employer then has 7 days to file a First Report of Injury and give you a copy.
Nearly all employers in Maine must carry workers' compensation insurance for their employees. Maine's workers' compensation system is a no-fault system that compensates injured workers for medical bills, lost wages, and permanent impairments resulting from their injuries.
What if I have to miss time from work because of my injury? 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. For example, if you miss 9 days of work, you would receive 2 days of benefits. If you missed 16 days of work, you would receive 16 days of benefits.
Can I get medical help for my injury? Yes. For the first 10 days, your employer has the right to select a health care provider to treat your injury. After the first 10 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.
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.
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.
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' ...
Some cases end in a matter of months, while the most complex and challenging cases, such as a medical malpractice case, can span several years.
There are two types of damages for which you could receive. compensation: Economic and non-economic. If your case goes to trial and a jury agrees you deserve compensation, the jury members will decide how much the money you should receive for each category of damages. Contact Us Today.
If you’re meeting with us in person, you can bring notes about what happened to you, driver insurance information, names of any witnesses, photos of the accident damages or injuries, medical records, and other related paperwork if you have it and if it’s applicable, but that information isn’t necessary.
Mainers take pride in their work. In exchange for their time, effort, and commitment, they expect to be paid fairly and treated with respect by their employers. But companies owe their employees more than a paycheck. No matter where you work – at a construction site, on a factory floor, behind a desk or behind the wheel – your employer owes you a safe place to do your job.
If you are unable to return to your old position as a result of your injury, your employer or the Maine WCB will pay for vocational rehabilitation training to help you gain skills needed to find a new position and adjust to your disability.
In Maine, however, you will not receive these benefits if you are out of work less than seven days, and you will only receive the full available benefits if you are out of work for 14 days or more.
The Workers’ Compensation Board has a large number of cases and it can take several months. If you are totally unable to work as determined by a doctor, or if your claim involves the right to receive necessary medical treatment, you can request an expedited proceeding, but it can still take some time. Return to Top.
The mediator is not a hearing officer and cannot order the insurance company to pay benefits. Rather, the mediator can only help the parties to reach agreement on their own.
You also have the right to ask for modifications to your duties or worksite. If you are losing time from work, tell your employer you are seeking compensation. Your employer should fill out an injury report and notify the insurance company of your claim.
However, for the first 10 days after an injury, your employer may also require you to see the company doctor, also known as the “10 day provider.”. After 10 days , you are no longer required to see the company doctor. 3.
If your injury has not been adjudicated as work related, the disability insurer may be required to pay benefits on a provisional basis, and may have a right to reimbursement later. Social Security Disability Insurance (SSDI) is through the federal government.
After 7 days of missed work due to your injury, you are entitled to receive weekly compensation benefits beginning on the 8th day. If you miss more than 14 days of work, you will then receive payment retroactive to the original date of injury. 5.
The insurance company has 14 days from the date it is notified to pay or deny your claim. If they pay, they must file a Memorandum of Payment which states the amount you will receive. If they deny, they must file a Notice of Controversy which states the reason for the denial.
If your Maine business has just one employee, you're generally required to carry workers' compensation insurance. Two key exceptions apply to household employees (engaged in domestic service) and certain types of agricultural employment, but there are also a few other, narrow exceptions.
The Maine Workers' Compensation Board (WCB) is the primary state agency that handles workers' comp claims. Most of the law for WC insurance is contained in Maine's Workers' Compensation Act (Title 39-A of the Maine Revised Laws). In addition to the Act, there are also administrative rules that cover workers' compensation in Maine.
In Maine, workers' compensation insurance is available through a limited market of private insurance companies. If your business is unable to obtain coverage through a private insurer, you can get coverage through the Maine Employers Mutual Insurance Company (MEMIC).
The injured employee should tell you as soon as possible that he or she is injured. The employee has 30 days from the date of the injury to notify you. If the employee doesn't notify you within that period, he or she may lose rights to workers' compensation benefits.
If you think your employee's workers' comp claim isn't valid, you can file Form WCB-9, Notice of Controversy (NOC), rather than a Report of Injury. File the form online. By filing an NOC, you are denying WC benefits to the employee, and initiating a claim dispute process.
If you don't carry workers' compensation insurance, you may be subject to a penalty of $10,000 or 108% of the premium you would otherwise owe if MEMIC were your insurer, whichever is larger. Other penalties can also apply. Some of the penalties are contained in Section 324 of Maine's Workers' Compensation Act.
There are many other workers' compensation requirements for Maine employers, such as putting up posters about workers' compensation coverage where employees can see them. The Nolo website has a section devoted to workers' compensation. In addition, the Maine Workers' Compensation Commission website also contains many useful resources.
If you are injured on the job, the Maine Workers’ Compensation Act requires you to notify your employer within 30 days of the incident. Your employer is thereafter required to report your injury and fill out the necessary paperwork documenting the details of your claim. Your employer will then arrange for an examination by an occupational medical provider who will assess the extent of your injuries and whether you are able to return to work.
Workers’ compensation is an insurance policy provided by an employer for the benefit of his/her employee. In return, the employee is prohibited from filing a lawsuit for damages against the employer or supervisor.
In any workers’ compensation case, the pivotal issue raised by many employers – who may be seeking to avoid payment of workers’ compensation benefits – is whether the accident occurred pursuant to an activity that is considered within the scope of employment.
We can assist with any type of workplace injury, including: 1 Broken or fractured bones 2 Injuries involving the brain, spine or neurological system 3 Exposure to carcinogenic toxins 4 Burns 5 Hearing loss due to exposure to loud machinery 6 Respiratory problems 7 Tendonitis and other orthopedic injuries 8 Exposure to asbestos 9 Mental injury caused by mental stress
Workers' compensation law is designed to provide financial benefits for individuals injured in their workplace. If you suffered a serious accident at work, you may be entitled to workers' compensation to pay for expenses related to your injuries.
If you were injured at work through no fault of your own, you may be able to recover benefits for: 1 Your medical expenses, including doctor's visits, hospital bills, medication, physical therapy, etc. 2 Lost wages 3 Death benefits
Some examples of work-related injuries that may be covered include: Overexertion. Slip & falls. Machinery accidents.
If you suffer an injury at work, you may not be able to continue working while you recover. When confronted with a work place injury, even the most dedicated employees face financial hardship due to an absence of work coupled with the expense of mounting medical bills.