Workers Compensation in Maine

Posted December 5th, 2018 by Jason Metz

Maine requires all businesses to have workers compensation insurance for employees, with only a few exceptions.

Workers compensation insurance usually covers medical bills and pays a portion of lost income for a worker who's injured while performing a job-related task. Work injuries that can be covered by workers comp range from broken bones, carpal tunnel and foot joint pain.

Maine workers compensation law defines the limits of workers comp payments, who must be covered and who can be exempt from coverage. Below are many of the specifics contained in the workers comp law in Maine. The State of Maine Workers' Compensation Board also has a page with helpful information for employers.

Who's covered under Maine's workers compensation law?

Can any employees opt out of Maine workers compensation with a waiver?

Yes - corporate officers can. Owners of business are also excluded. Sole proprietors are excluded.

Is self-insurance for workers comp allowed in Maine?

Yes, for individual employers, groups of employers and political subdivisions. Political subdivisions in Maine are typically the state or a city, county, special district, school district or public agency.

By self-insuring, a business assumes responsibility for paying their own workers comp claims. A self-insured company typically hires a claims service company to handle claims administration and other services.

Are there exclusions for:

Small employers? No.

Agricultural employers? Yes, if a worker works less than a certain time period; if an employer has fewer than a certain number of employees.

Domestic employers? Yes.

Independent contractors? Yes.

Casual employees? No.

Volunteers? Yes. Volunteer firefighters and emergency persons are not excluded.

Professional athletes? No.

Maine workers comp medical benefits

Is there a Maine workers comp fee schedule?


Fee schedules define payments for surgery, radiology, hospital services, chiropractic care, ambulance service, prescription drugs and other medical services for an injured worker.

Are there limits on medical treatment?


Who makes the initial choice of treating physician?

The employer, for the first 10 days post-injury; after that, the employee can seek his or her own provider.

Disability payments for workers compensation insurance in Maine

Workers comp typically pays an employee part of their salary if they cannot work because of a work-related injury. State laws define limits on the disability payment amounts and length, based on both temporary and permanent disability.

How are temporary total disability (TTD) payments calculated?

⅔ of the average gross weekly wage.

Weekly minimum: None

Weekly maximum: $728.63

Maximum length of TDD benefits: 520 weeks

How are permanent total disability (PTD) payments calculated?

⅔ of the average gross weekly wage.

Weekly minimum: None

Weekly maximum: $728.63

Are there cost of living increases for PTD payments? No, maximum amount tied to changes in state's average weekly wage.

Maximum length of PTD benefits: Benefits are for the length of disability and may be paid for life.

How are permanent partial disability (PPD) payments calculated?

⅔ of the average gross weekly wage.

Weekly minimum: None

Weekly maximum: $728.63

Fatality benefits under Maine workers compensation law

Maximum burial benefit: $4,000

Dependency benefits, weekly minimum / maximum: None / $728.63

When do children's dependency benefits end? At age 18; age 23 if the child is a student; benefits can continue if child is disabled and there is no surviving dependent.

Other injuries covered by Maine workers compensation

Mental stress with no physical injury? Yes.

Cumulative trauma (such as injuries caused by repeated exposure or repetitive motion)? Yes.

Occupational hearing loss? Yes.

Disfigurement? No.

Source: Workers Compensation Research Institute, May 2016 report