The Maine workers compensation act — formally the Maine Maine Workers’ Compensation Act of 1992 (short title, 39-A M.R.S. §101), found at Maine Revised Statutes Title 39-A (Workers’ Compensation), Part 1, §§101 et seq. — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Maine workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Maine at a Glance
| Official name | Maine Workers’ Compensation Act of 1992 (short title, 39-A M.R.S. §101) |
| Where it lives | Maine Revised Statutes Title 39-A (Workers’ Compensation), Part 1, §§101 et seq. |
| First enacted | 1915 |
| Reporting deadline | 60 days after the date of injury for injuries on or after January 1, 2020 (30 days for injuries from Jan 1, 2013 to Dec 31, 2019; 90 days before 2013). Source: 39-A M.R.S. §301. |
| Filing deadline | 2 years from the date of injury or the date the employer files a required first report of injury under §303, whichever is later. If the employer or insurer pays benefits within that window, the deadline becomes 6 years from the most recent payment. For a death claim, the deadline is 1 year after death or 2 years from injury, whichever is later. Source: 39-A M.R.S. §306. |
| Exclusive remedy | 39-A M.R.S. §104: an employer that has secured compensation under §§401-407 is exempt from civil suits for work injuries, and the immunity also covers its employees, supervisors, officers and directors. Main exceptions: an illegally employed minor under §408(2) keeps the right to sue. Under §104-A (added by PL 2023, c. 126), individual employees, supervisors, officers and directors can be personally liable for sexual harassment, sexual assault or related intentional torts. |
In This Maine Guide:
What the Maine Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Maine workers compensation act dates to 1915. It lives at Maine Revised Statutes Title 39-A (Workers’ Compensation), Part 1, §§101 et seq., and the official text is linked in the sources.
39-A M.R.S. §201(3-A) requires a mental injury from work stress to be shown by clear and convincing evidence that the stress was “extraordinary and unusual” and the predominant cause. Mental injury from good-faith discipline, evaluations, transfers, layoffs or terminations does not count. First responders with diagnosed PTSD get a rebuttable presumption that it is work-related.
Employees who can do full-time work in the statewide labor market are not eligible for total benefits under §212 and are moved to partial-incapacity benefits under §213. Under §401(4-A), landowners and contractors can ask the Board to pre-determine whether a contractor is independent (added by PL 2023, c. 205). Benefit maximums change every year and are set under §211; confirm current figures with the Board and a licensed attorney.
Who the Maine Workers Compensation Act Covers
39-A M.R.S. §401(1): every private employer, including an independent contractor who hires and pays employees, must buy a workers’ compensation policy or self-insure under §403. There is no minimum number of employees. §401(2) applies the same duty to the State, counties, cities and towns. 39-A M.R.S. §401(1)(A)-(C) exempts employers of domestic-service workers.
It also exempts employers of seasonal or casual agricultural/aquacultural laborers who carry at least 25000 in employer’s-liability coverage and 5000 in medical-payment coverage, with a separate per-FTE liability option for other agricultural laborers. Who counts as an “employee” is defined in §102(11).
Deadlines in the Maine Workers Compensation Act
Waiting period: 39-A M.R.S. §204: no compensation for the first 7 days of incapacity. If incapacity lasts more than 14 days, benefits are paid back to the date of incapacity. Firefighters are paid from the date of incapacity.. Wage-loss rate: 39-A M.R.S. §212(1-A): for injuries on or after January 1, 2013, 2/3 of gross average weekly wage, up to the maximum in §211.
Injuries before 2013 are paid at 80% of after-tax average weekly wage under §212(1)..
Maine Workers Compensation Act: Key Sections at a Glance
The sections of the Maine workers compensation act that decide most cases, each with its citation:
| Coverage mandate | 39-A M.R.S. §401(1): every private employer, including an independent contractor who hires and pays employees, must buy a workers’ compensation policy or self-insure under §403. There is no minimum number of employees. §401(2) applies the same duty to the State, counties, cities and towns. |
| Exemptions | 39-A M.R.S. §401(1)(A)-(C) exempts employers of domestic-service workers. It also exempts employers of seasonal or casual agricultural/aquacultural laborers who carry at least 25000 in employer’s-liability coverage and 5000 in medical-payment coverage, with a separate per-FTE liability option for other agricultural laborers. Who counts as an “employee” is defined in §102(11). |
| Report an injury | 60 days after the date of injury for injuries on or after January 1, 2020 (30 days for injuries from Jan 1, 2013 to Dec 31, 2019; 90 days before 2013). Source: 39-A M.R.S. §301. |
| File a claim | 2 years from the date of injury or the date the employer files a required first report of injury under §303, whichever is later. If the employer or insurer pays benefits within that window, the deadline becomes 6 years from the most recent payment. For a death claim, the deadline is 1 year after death or 2 years from injury, whichever is later. Source: 39-A M.R.S. §306. |
| Waiting period | 39-A M.R.S. §204: no compensation for the first 7 days of incapacity. If incapacity lasts more than 14 days, benefits are paid back to the date of incapacity. Firefighters are paid from the date of incapacity. |
| Wage-loss rate | 39-A M.R.S. §212(1-A): for injuries on or after January 1, 2013, 2/3 of gross average weekly wage, up to the maximum in §211. Injuries before 2013 are paid at 80% of after-tax average weekly wage under §212(1). |
| Exclusive remedy | 39-A M.R.S. §104: an employer that has secured compensation under §§401-407 is exempt from civil suits for work injuries, and the immunity also covers its employees, supervisors, officers and directors. Main exceptions: an illegally employed minor under §408(2) keeps the right to sue. Under §104-A (added by PL 2023, c. 126), individual employees, supervisors, officers and directors can be personally liable for sexual harassment, sexual assault or related intentional torts. |
| Retaliation | 39-A M.R.S. §353: an employer may not discriminate against an employee for testifying or asserting a claim under the Act. The employee files a petition and gets a formal hearing before an administrative law judge. Possible remedies are reinstatement, back wages, restored employee benefits and reasonable attorney’s fees. |
| Uninsured employer penalty | 39-A M.R.S. §324(3): for an employer that fails to secure coverage, a civil penalty of up to 10000 or up to 108% of the premium that should have been paid, whichever is larger. A knowing violation is a Class D crime, and the employer can face corporate/LLC dissolution or license suspension or revocation. |
The Exclusive-Remedy Bargain in the Maine Workers Compensation Act
39-A M.R.S. §104: an employer that has secured compensation under §§401-407 is exempt from civil suits for work injuries, and the immunity also covers its employees, supervisors, officers and directors. Main exceptions: an illegally employed minor under §408(2) keeps the right to sue. Under §104-A (added by PL 2023, c. 126), individual employees, supervisors, officers and directors can be personally liable for sexual harassment, sexual assault or related intentional torts.
Retaliation and Penalties Under the Maine Workers Compensation Act
39-A M.R.S. §353: an employer may not discriminate against an employee for testifying or asserting a claim under the Act. The employee files a petition and gets a formal hearing before an administrative law judge. Possible remedies are reinstatement, back wages, restored employee benefits and reasonable attorney’s fees.
39-A M.R.S. §324(3): for an employer that fails to secure coverage, a civil penalty of up to 10000 or up to 108% of the premium that should have been paid, whichever is larger. A knowing violation is a Class D crime, and the employer can face corporate/LLC dissolution or license suspension or revocation.
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Recent Amendments to the Maine Workers Compensation Act
No amendment to the Maine workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the Maine Workers Compensation Act
Statute pages are written for lawyers, so read the Maine workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Maine workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Maine claim guide turns these sections into steps and dates, and the Maine requirements guide covers the employer side.
Frequently Asked Questions
Where is the Maine workers compensation act in the code?
Maine Revised Statutes Title 39-A (Workers’ Compensation), Part 1, §§101 et seq.. The sources below link to the official text.
How long do I have to report a work injury under the Maine act?
60 days after the date of injury for injuries on or after January 1, 2020 (30 days for injuries from Jan 1, 2013 to Dec 31, 2019; 90 days before 2013). Source: 39-A M.R.S. §301.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Maine workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Maine Sources & Resources
- Maine Maine Workers’ Compensation Board: https://www.maine.gov/wcb/
- Maine Workers’ Comp Statute: https://legislature.maine.gov/statutes/39-a/title39-A.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Maine workers compensation act guide was last verified against official Maine sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.