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Summary of differences between federal and state regulations
There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Competitive state fund or self-insurance by private carrier, individual employer, or groups of employers
Exemptions from WC: Seasonal or casual agricultural workers. Employers of agricultural or aquacultural workers are not liable for securing compensation payment if the employer has six or fewer laborers or more than six such laborers, but the total number of hours they worked in a week does not exceed 240, and has not exceeded hours at any time during the 52 weeks immediately preceding the injury.
Employers 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 not less than $1,000).
Medical benefits provided: Full
Physician selection: Employer makes initial physician selection. After specified periods stated in law, employee has free choice.
Benefits for temporary total disability (TTD): 80 percent of worker’s after tax earnings for duration of disability. Benefits subject to UI 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): 80 percent of worker’s spendable earnings for duration of disability. Benefits subject to UI 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): 80 percent of worker’s after tax earnings for up to 364 weeks or duration of disability if impairment is in excess of 13.2% of the body.
Scheduled awards: Paid in addition to TTD benefits directly after accident. Scheduled awards are not reduced because of receipt of TTD benefits.
Disfigurement benefits: Not available to employees with dates of injury on or after 1/1/93. Serious facial or head disfigurements and neck disfigurements that affect earning capacity are compensated by an amount not exceeding 2/3 of the state average weekly wage, multiplied by 50.
Death benefits for surviving spouse and children: 80 percent of worker’s after tax earnings for up to 500 weeks. Children receive benefits beyond age 18 if physically or mentally disabled. WC benefits, excluding lump sum settlements, subject to UI benefit offsets, except if benefits started prior to date of injury, or if benefits are a spouse’s entitlement.
Maximum burial allowance: $4,000. An additional $3,000 will be paid to the employee’s estate as incidental compensation.
Waiting period: 7 days. Compensation is retroactive if disability continues for more than 14 days from date of injury. Firemen receive compensation from incapacity.
Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employers are responsible for VR costs and TTD benefits plus a maximum of $35 a week during VR for a maximum of 2 years or cost of $5,000 unless special circumstances demonstrated. During VR employees receive TTD benefits plus $35 a week for sustenance and travel. Employees must accept PR and VR or compensation may be suspended.
Attorney fees: Determined on an individual case basis by the Agency.
Occupational hearing loss statutes: Employee has 2 years to file for compensation. Benefits for one ear are $26,160, both are $104,640.
Forms - www.maine.gov/wcb/index.html
State
Contact
Regulations
Workers’ Compensation Law - http://www.mainelegislature.org/legis/statutes/39-A/title39-Ach0sec0.html
Rules and Regulations - Chapter 90 351
Federal
Contacts
None.
Regulations
None.