§101. Short title This Part may be known and cited and referred to in proceedings and agreements under this Part as the “Maine Workers’ Compensation Act of 1992.” [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, […]
§102. Definitions As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] 1. After-tax average weekly wage. “After-tax average weekly wage” means average weekly wage, as defined in subsection 4, reduced […]
§103. Common-law defenses lost In an action to recover damages for personal injuries sustained by an employee arising out of and in the course of the employee’s employment, or for death resulting from such injuries, it is not a defense to an employer, except as hereinafter specified: [PL 1991, c. 885, Pt. A, §8 […]
§104. Applicability to certain actions and employers; exemptions An employer who has secured the payment of compensation in conformity with sections 401 to 407 is exempt from civil actions, either at common law or under sections 901 to 908; Title 14, sections 8101 to 8118; and Title 18‑C, section 2‑807, involving personal injuries sustained by […]
§105-A. Construction contractors 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Construction site” means a location where a structure that is attached or will be attached to real property is constructed, altered or remodeled. [PL 2009, c. 452, §5 (NEW).] B. […]
§105. Predetermination of independent contractor and construction subcontractor status 1. Predetermination permitted. A worker, an employer or a workers’ compensation insurance carrier, or any together, may apply to the board for a predetermination of whether the status of an individual worker, group of workers or a job classification associated with the employer is that of […]
§106. Invalidity of waiver of rights; claims not assignable No agreement by an employee, unless approved by the board or by the Commissioner of Labor, to waive the employee’s rights to compensation under this Act is valid. No claims for compensation under this Act are assignable or subject to attachment or liable in any way […]
§107. Liability of 3rd persons; election of employee; subrogation When an injury or death for which compensation or medical benefits are payable under this Act is sustained under circumstances creating in some person other than the employer a legal liability to pay damages, the injured employee may, at the employee’s option, either claim the compensation […]
§108. Preference of claims A claim for compensation under this Act and any compensation payment scheme are entitled to a preference over the unsecured debts of the employer to the same amount as the wages of labor are preferred by the laws of this State. Nothing in this section may be construed as impairing any […]
§109. Compilation of claims information A person or entity may not compile for the purpose of distribution and sale listings of employee names and information regarding their claims with the board. Any person or entity found by the board to have violated this section is subject to the remedy provision of the Maine Human Rights […]
§110. Collective bargaining 1. Permitted options. Subject to the limitation of subsection 2, the board shall recognize as valid and binding a provision in a collective bargaining agreement between an employer and a recognized bargaining agent establishing any of the following: A. Alternative dispute resolution systems that may include, but are not limited to, […]
§111. Alternative programs After consultation with the Superintendent of Insurance, the board may approve an agreement entered into between an employer and some or all of the employer’s employees to secure the payment of compensation and benefits through an alternative program that is different from but not less than the compensation and benefits provided by […]
§112. Workers’ compensation coverage for forest firefighters Notwithstanding Title 12, section 8901, subsection 2 and Title 12, sections 8902, 8905, 9201, 9202, 9204 and 9205, workers’ compensation coverage is provided to forest fire wardens and laborers hired by municipalities for forest fire-fighting activities as follows. [PL 1993, c. 439, §1 (NEW).] 1. Municipal responsibility. […]
§113. Exemption for nonresident employees; reciprocity 1. Exemption. An employee who is employed in another state and that employee’s employer are exempt from this Act with respect to that employee while the employee is temporarily in this State doing work for that employer if: A. The employee is not a resident of this State […]
§114. Independent contractor status for truckers and couriers (REPEALED) SECTION HISTORY PL 2011, c. 176, §1 (NEW). PL 2011, c. 643, §10 (RP). PL 2011, c. 643, §14 (AFF).
