Saturday, December 15, 2012

Maine Workers Comp Highlights

Maine workers comp is administered by the Maine Workers' Compensation Board. It exists to protect employees as well as employers. It is designed to help employees and their families if they are injured or ill due to workplace events or conditions. It also provides assistance to families of workers that die as a result of workplace accidents or complications.

Employee injury and illness can become complicated. The employee usually has a doctor, and the insurance company and possibly the employer may have doctors, all providing information and advice. Additionally, attorneys may be involved for the employee and employer. While a worker may represent themself during a workers comp claim in Maine, it may be advisable to have the advice of an attorney.

There are very specific steps in the workers comp claim process. If you have been injured, you need to inform your employer immediately. You may tell your supervisor or someone in management. Your employer is then required to fill out a First Report of Injury form and give a copy to you. Subsequently, your employer must either pay for your lost work time within 14 days or send a Notice of Controversy to the state board if they feel the claim is invalid.

Injured workers may receive benefits for as long as they are unable to work, provided they are totally incapacitated. This would mean the injury is so severe it prevents any type of work. However, if your injury is a partial injury, the benefits are limited to a period of 260 weeks. There are some exceptions to this limit that are defined in the Maine state laws.

Workers in Maine have the right to select their own health care provider if, after receiving care from the employer selected physician for the first 10 days, they feel they are unsatisfied. The employer always has the right to have the worker see a physician selected by the employer for an additional diagnosis.

If workers are able to return to work but their condition prevents them from earning the level of income they were previously earning, they may be eligible to receive partial benefit payments. These payments would be set to 80% of the difference between the average weekly wage prior to the injury and the income after the injury.

The workers compensation claim process can be a long and difficult process. After weeks or months of dealing with this process, you may reach a point at which you are very tempted to consider a settlement offer. You should try to take a step back from the process and consider the big picture before making a decision.

Employees should be aware of all of their rights in workers compensation issues and because the laws vary in each state and can be quite complex, it's very good idea to consider having a lawyer that specializes in workmans comp issues advise you. Such an attorney may be able to help you avoid making a decision that could haunt you in the future.

The Maine Workers' Compensation Board has regional offices located in Augusta, Bangor, Caribou, Lewiston and Portland to provide assitance for workers injured on the job.

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