Maine workers' compensation insurance: Your ultimate resource

Understanding Maine workers' compensation insurance

Known as The Pine Tree State, Maine's captivating landscape famously features a rocky coastline adorned with picturesque lighthouses, lush forests teeming with wildlife and quaint towns exuding New England charm. 

Amidst this scenic backdrop, Maine's economy flourishes with various industries such as lobster fishing along the coast, logging in the vast woodlands, and tourism, drawing visitors to its iconic landmarks and outdoor attractions year-round.

Protecting your business and employees with workers' compensation insurance is paramount in this dynamic environment. Workers’ comp provides essential coverage for accidents and injuries, ensuring the well-being of your workforce and the longevity of your business in the vibrant state of Maine.

What is workers' compensation?

Workers' compensation is a state-mandated insurance program for almost all employers in Maine. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.

Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.

Maine workers' compensation rules and laws

The Maine Workers' Compensation Board administers the workers’ comp law in the state. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.    

Businesses can obtain workers’ comp coverage through a partner like EverPeak Insurance. Alternatively, companies that meet the state’s requirements may also apply to be self-insured.

Employees can verify online if their employer has coverage.

Coverage and benefits

Who is covered?

Policies include protection for full and part-time workers.

Some exemptions from workers’ comp in Maine may include, for example:

  • Agriculture or aquaculture businesses with seasonal or casual laborers, as long as the employer maintains at least $25,000 in employers’ liability insurance, with at least $5,000 in medical payments coverage.
  • Agricultural or aquaculture businesses with six or fewer workers that are covered with liability insurance of at least $100,000 for each full-time employee and at least $5,000 in medical payments coverage.
  • Domestic workers in a private home.
  • Sole proprietors with no employees.
  • Independent contractors who are not full-time employees.

Covered injuries and illnesses

Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions. 

Benefits provided

Maine workers’ comp insurance provides three types of benefits for work injuries:

  • Medical benefits
  • Lost wages 
  • Death benefits

These benefits include:

  • Medical treatment for work-related accidents, injuries and/or illnesses 
  • Temporary disability benefits 
  • Permanent disability benefits
  • Death benefits

Maine workers’ compensation rates

Injured workers are paid 66 ⅔% of their average weekly wage. 

As of 2023, Maine’s workers’ comp weekly benefit amount maximum is $1,379.64.

Maine’s workers' compensation insurance process

Filing a workers' compensation claim

In the event of a work-related injury or illness: 

Step 1: Employee reports injury to employer 

Employees in Maine should report their injury to their employer immediately but no later than seven days from the accident. 

Step 2: Seek medical care

The employee should immediately seek medical attention. 

Step 3: Receive benefits

If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.

Step 4: Return to work

Following their recovery, a worker is expected to resume work safely. If an employee is unable to return to their previous position or any other type of work due to their work-related injury, they may be entitled to permanent total disability benefits.

Choosing a healthcare provider 

In Maine, If an employer has selected a health care provider, the injured worker must go to the employer's selected health care provider for the first 10 days of treatment.

If the injured worker wants to change health care providers after the first ten days, they must tell their employer that they are going to do that and provide their employer with the name of the new health care provider. 

Employers may request a second opinion from a different provider, regardless of the employee's choice of doctor.

Compensation for missed work

If an employee is off work between seven and 13 days, they will only be paid for those days during that period. Should an employee miss more than 14 days, they will be paid for all of the days that they have missed. 

For example, if they miss nine days of work, the employee would only receive two days of benefits. If they missed 16 days of work, the injured worker would receive 16 days of benefits.

Resolving disputes

If an employee disagrees with their claim closure, they have the right to appeal by filing a Notice of Intent to Appeal form with the Appellate Division of the Workers’ Compensation Board.  

How to get workers' compensation

Insurance requirements for employers

Generally, unless exempt, employers in Maine must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.

Choosing the right insurance provider

When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.

We recommend requesting multiple quotes and comparing the offerings before making a decision.

Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.

Insurance regulations, laws, and available coverages can change. The information provided on this website is for general informational purposes only. Please consult the
Maine
Departments of Insurance and/or Labor for the most up-to-date and detailed information.

Information updated as of January 1, 2024
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Frequently asked questions

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What are the penalties for non-compliance with workers' compensation laws in Maine?

In Maine, penalties for businesses failing to have workers’ compensation coverage include:

  • Class D criminal charges
  • Civil penalties — up to $10,000 or 108% of the projected cost of workers’ comp coverage, whichever is greater
  • Loss of business license or corporate charter

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Can an employee sue their employer for a work-related injury or illness?

In most cases, policies bar employees in Maine from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.

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Are independent contractors covered by workers' compensation insurance?

Generally, a business’s workers’ compensation policy does not cover independent contractors in Maine. Workers' compensation laws typically apply to employees rather than independent contractors.

However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.

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How long do I have to report a work-related injury or illness?

The incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.

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How do I verify an employer’s coverage?

Employees can verify online if their employer has coverage.

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