Maine Workers Compensation - laws,rules,statutes,state contacts and detailed policy information

State: Maine

Authority/Rating Bureau: NCCI, National Council on Compensation Insurance

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: Maine Employers Mutual Insurance Company, a competitive state fund, contact at:

http://www.memic.com/

Assigned Risk: Maine Employers Mutual Insurance Company, contact at:

http://www.memic.com/

Numerical Exceptions: None

Individual Waivers Allowed: Yes. Waivers are not valid until approved by the Maine Workers Compensation Board.

Sole Proprietor: Excluded from coverage/may elect to be included - A sole proprietor without employees is not required to have coverage under the Workers’ Compensation Act. A sole proprietor does not need to fill out waiver forms to be exempt from coverage. A sole proprietor with employees is required to carry workers’ compensation for those employees.

Partners: Excluded from coverage/may elect to be included

Corporate Officers: Included in coverage/may elect to be exempt - A bona fide owner of at least 20% of the outstanding voting stock of a corporation may waive in writing all the benefits provided by workers’ compensation for themselves.

LLC Members: Excluded from coverage/may elect to be included - "Owners" of limited liability companies are not required to be covered by workers’ compensation insurance and do not need to fill out waiver forms. The parent, spouse, or child of a member of a limited liability company who is employed by that limited liability company may waive in writing all benefits provided by workers' compensation for themselves.

Contractors: An independent contractor is a person who performs services for another under contract, but who is not under the essential control of the other person while performing those services. If you are not certain whether someone working for you is an employee or an independent contractor, you can ask the person you believe to be an independent contractor to provide written proof, in the form of a certificate of coverage, that they have workers' compensation coverage for their employees OR you and the contractor can submit an application for Pre-determination of independent Contractor Status to Establish Rebuttable Presumption (form WCB-261) to the Maine Workers' Compensation Board. If the application is approved, you will receive a rebuttable presumption that the contractor is an independent contractor. If you don't take these steps, your insurer might consider the employees of the independent contractor to be your employees and take their payroll into account when calculating your premium.

An exception: A landowner who contracts for wood harvesting may be liable for benefits to employees of the contractor if a certification of insurance is not provided by the contractor.

To receive an Application for Predetermination of Independent Contractor Status to Establish Rebuttable Presumption (WCB-261) or to obtain an Application for Waiver (WCB-2C) contact:

The Coverage Unit

Workers’ Compensation Board

27 SHS Augusta ME 04333

Telephone (207) 287-3751

Special Notes: Employers Who are Not Required to Have Workers’ Compensation Coverage:

Employers who have employees engaged in agriculture or aquaculture as seasonal or casual laborers, if the employer maintains at least $25,000 in employers’ liability insurance, with at least $5,000 in medical payments coverage.
Employers of six or fewer agricultural or aquacultural laborers, if the employer maintains employers’ liability insurance of at least $100,000 multiplied by the number of full time equivalent employees and has at least $5,000 in medical payments coverage.
Employers of domestic servants in a private home.
Sole Proprietor

Regulated By:

Maine Bureau of Insurance

Consumer Services Division

34 State House Station

Augusta, ME 04333-0034

207-624-8475

800-300-5000

http://www.state.me.us/pfr/insurance/

Workers' Compensation Board

27 State House Station Map It

Augusta, ME 04333-0027 Fax: (207) 287-7198

Toll Free (Maine Only) 1-888-801-9087

http://www.maine.gov/wcb/

Workers Compensation Statute:

http://janus.state.me.us/legis/statutes/39-A/title39-Ach0sec0.html

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (573) 999-6948
Fax: (573) 447-4998
email: rks@workcompconsultant.com

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Maine Workers Compensation Laws

Workers compensation policy information for the State of Maine