Workers compensation law, rules and policy information for the Maine



Related Pages: For More About Maine Rules

State: Maine

Updated: 03-10-2018

Authority/State Rating Bureau: NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
800-622-4123

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

Assigned Risk Contact Information: 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.

Small Deductible Program Details:
Allowed: Yes – Mandatory however carrier is not required to offer if credit of employer indicates they are not financially stable enough for payment of deductible.
Deductible Range: $1,000 and $5,000 – Other amounts may be used when approved by the superintendent
Type: Indemnity
Effect on Experience Rating: Unknown
Available In: Voluntary and Residual Markets
For More Information About How Deductible Programs Work

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. If included the rating payroll used is $36,700 per year as of 1-1-2012, $37,300 as of 1-1-2013. $37,900 as of 4-1-2014. $38,600 as of 4-1-2015. $39,700 as of 4-1-2016. $41,000 as of 4-1-2017.

Partners: Excluded from coverage/may elect to be included. If included the rating payroll used is $36,700 per year as of 1-1-2012, $37,300 as of 1-1-2013. $37,900 as of 4-1-2014. $38,600 as of 4-1-2015. $39,700 as of 4-1-2016. $41,000 as of 4-1-2017.

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. If included the minimum weekly payroll used for rating is $700 and the maximum is $2,800 as of 1-1-2012, $700 / $2,900 as of 1-1-2013. $750 / $2,900 as of 4-1-2014. $750 / $3,000 as of 4-1-2015. $750 / $3,100 as of 4-1-2016. $800 / $3,200 as of 4-1-2017.

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. If included the minimum weekly payroll used for rating is $700 and the maximum is $2,800 as of 1-1-2012, $700 / $2,900 as of 1-1-2013. $750 / $2,900 as of 4-1-2014. $750 / $3,000 as of 4-1-2015. $750 / $3,100 as of 4-1-2016. $800 / $3,200 as of 4-1-2017.

Election or Rejection of Coverage Form:  Maine Coverage Waiver Form

Notes About Forms: Be sure to check with your insurance company for additional forms they may use.


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

Experience Rating Eligibility: aine employers will receive an experience modification rate or EMR once they meet one of these triggers:

  • $9,000 in policy premium is generated during the last year or last two years.
  • $4,500 is the average policy premium generated for more than two years.

Maine Workers Compensation Subrogation: Maine Statute title 39-A section 107 is where you will find specific information about workers comp subrogation for the State of Maine. Section 107 is titled “Liability of 3rd persons; election of employee; subrogation” and is available online. We’ve provided the link below that will take you directly to this section in the Maine State Statutes. Just click the link below for viewing.

Maine Statute On Subrogation

 
Treatment of Maine Workers Working In Other States; Other States Workers Working In Maine, Extraterritorial, Reciprocity and Non-Compliance:  If Maine workers are working temporarily in another state, then workers compensation coverage for that worker is governed by the extraterritorial provisions found in Maine statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. It’s reciprocity that governs coverage for a worker from another state who is working temporarily in Maine. A certificate must be filed with the Workers Compensation Board. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We’ve provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

  • Extraterritorial:
    • Provisions: Yes
    • Duration: Maine statute indicates: 5 consecutive days or 10 days in a 30 day period or 30 days in any 360 day period
  • Reciprocity:
    • Allowed: Yes
  • Specific Statute or Reference: Maine 39-A.113
  • For More Information Contact: Maine Workers Compensation Board shown below.




Regulated By: Maine Bureau of Insurance

Maine Bureau of Insurance
Consumer Services Division
34 State House Station
Augusta, ME 04333-0034
207-624-8475 or 800-300-5000
http://www.state.me.us/pfr/insurance/

Workers Compensation Board
27 State House Station
Augusta, ME 04333-0027
(207) 287-3751 Fax: (207) 287-7198 Toll Free (Maine Only) 1-888-801-9087
http://www.maine.gov/wcb/

Workers compensation statute can be found here:

Maine Workers Comp Statute

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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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.
 

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WORKERS COMPENSATION CONSULTANT
Voice: (573) 489-8323
Fax: (573) 447-4998
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