US Lawyer Database

39-A §906. Liability not barred by contracts with independent contractors

§906. Liability not barred by contracts with independent contractors If an employer enters into a contract, written or verbal, with an independent contractor to do part of the employer’s work, or if an independent contractor enters into a contract with a subcontractor to do all or any part of the work comprised in the contractor’s […]

39-A §907. Employee’s knowledge of defect or negligence

§907. Employee’s knowledge of defect or negligence An employee or the employee’s legal representatives are not entitled under sections 901 to 904 to any right of action for damages against the employer if the employee knew of the defect or negligence that caused the injury and failed within a reasonable time to give, or cause […]

39-A §908. Scope of sections 901 to 907; effect of judgment or settlement

§908. Scope of sections 901 to 907; effect of judgment or settlement Sections 901 to 907 do not apply to injuries caused to domestic servants or farm laborers by fellow employees or to those engaged in cutting, hauling or driving logs. Nothing in sections 901 to 907 may be construed to abridge any common-law rights […]

39-A §909. Contracts for exemption

§909. Contracts for exemption A person may not, by a special contract with the employer’s employees, exempt the employer or another person from liability under which the employer may be to them for injuries suffered by them in the employment of the employer and resulting from the negligence of the employer or the other person, […]

39-A §601. Short title

§601. Short title This chapter may be known and cited as the “Occupational Disease Law.”   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] SECTION HISTORY PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).

39-A §902. Actions for damages for death in addition to those for injury

§902. Actions for damages for death in addition to those for injury If the injury described in section 901 results in the death of the employee, and the death is not instantaneous or is preceded by conscious suffering, and if there is any person who would have been entitled to bring an action under section […]

39-A §602. Application

§602. Application Except as otherwise specifically provided, incapacity to work or death of an employee arising out of and in the course of employment and resulting from an occupational disease must be treated as the happening of a personal injury arising out of and in the course of the employment, within the meaning of the […]

39-A §903. Surviving spouse or next of kin; actions by

§903. Surviving spouse or next of kin; actions by If, as the result of the negligence of an employer, or of a person for whose negligence an employer is liable under section 901, an employee is instantly killed or dies without conscious suffering, the surviving spouse or, if the employee leaves no surviving spouse, the […]

39-A §603. Occupational disease defined

§603. Occupational disease defined As used in this chapter, the term “occupational disease” means only a disease that is due to causes and conditions characteristic of a particular trade, occupation, process or employment and that arises out of and in the course of employment.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, […]

39-A §904. Measure of damages in event of death

§904. Measure of damages in event of death If, under either section 902 or 903, damages are awarded for the death, they must be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable.   [PL 1991, c. 885, Pt. A, §8 (NEW); […]