Hiring a Workers' Compensation Lawyer in Maine
The limits on workers' comp lawyer fees in Maine, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Maine: fee rules
| Rules on contingency fees | A contingent fee agreement must be in a writing signed by the client stating how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, whether expenses come out before or after the fee is calculated, and any expenses the client owes whether or not they win; at the end, the lawyer gives a written statement of the outcome and the client's share. Maine bans contingent fees in any initial action for divorce, annulment, judicial separation, paternity or parentage, parental rights and responsibilities, emancipation, grandparent visitation, guardianship or child support (and post-judgment proceedings to change those orders), contingent fees for criminal defendants, and probate estate administration fees based on a percentage of the estate. For actions for professional negligence covered by 24 M.R.S. Sec. 2961, the total contingent fee (excluding litigation expenses) may not exceed 33 1/3% of the first $100,000 recovered, 25% of the next $100,000, and 20% of any amount over $200,000, unless a court approves a higher fee on petition. Statute: https://www.mainelegislature.org/legis/statutes/24/title24sec2961.html |
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| If you disagree with a lawyer's bill | The Board of Overseers of the Bar runs a free fee arbitration program for clients (or, with the client's written consent, others) disputing fees charged by a lawyer admitted in Maine, after a good-faith effort to resolve it with the lawyer. If the lawyer fails without good cause to reply within 30 days, the panel may still decide the matter. The award is binding on both sides, and by filing the petitioner gives up the right to sue over the disputed fees; awards are enforceable under the Uniform Arbitration Act. Decisions generally issue within 20 days after the hearing, and any ordered refund is due within 30 days. |
| If a lawyer takes your money | Maine's Lawyers' Fund for Client Protection may reimburse clients for losses caused by an attorney's dishonest conduct, such as misusing client funds or taking money for the attorney's own benefit; legal malpractice is not covered. Contact: P.O. Box 527, Augusta, ME 04332-0527; 207-623-7801. |
Maine rules to know first
| Lawyer fee limits | Fees for attorneys representing injured employees are subject to approval by the Workers' Compensation Board. In a case tried to completion, the fee may not exceed 30% of the benefits accrued. For lump-sum settlements of injuries on or after January 1, 2020, the fee may not exceed 10% of the amount left after allowable expenses; older injuries use a sliding scale starting at 10% of the first $50,000. An attorney who charges more than allowed forfeits the fee and is liable for twice the fee charged. Source: 39-A M.R.S. 325 |
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| Deadline to file a claim | A petition to the Workers' Compensation Board is generally barred unless filed within 2 years after the date of injury, or the date the employer files a required First Report of Injury, whichever is later. If the employer or insurer has paid benefits within that period, the deadline becomes 6 years from the most recent payment. Time when the worker was physically or mentally unable to file does not count. If the worker dies from the injury, a petition must be filed within 1 year after death or 2 years from the injury, whichever is later, but no later than 6 years after the last payment. Source: 39-A M.R.S. § 306 |
| Deadline to challenge a denial | A petition to the Workers' Compensation Board must generally be filed within 2 years after the injury (or after the employer files a required first report of injury, if later); if the employer or insurer paid benefits, the period is 6 years from the most recent payment. A party may appeal an administrative law judge's decision to the Board's Appellate Division by filing a notice of intent to appeal within 20 days after receiving notice of the decision. The Appellate Division reviews legal issues only; findings of fact cannot be appealed to it. §306: https://legislature.maine.gov/statutes/39-A/title39-Asec306.html |
| Can you sue your employer? | An employer that has secured workers' compensation is exempt from civil suits by an employee for work injuries or death, including wrongful-death and Tort Claims Act suits, and the exemption extends to its employees, supervisors, officers and directors; an employer using a temporary help agency that has coverage gets the same protection. A 2023 law makes an individual employee, supervisor, officer or director (but not the employer) liable for sexual harassment, sexual assault or a related intentional tort. §104-A: https://legislature.maine.gov/statutes/39-A/title39-Asec104-A-2.html Source: 39-A M.R.S. §§104, 104-A |
| Suing someone other than your employer | When someone other than the employer is legally liable for the injury, the worker may claim workers' compensation or proceed against that person. If the worker takes compensation, the employer has a lien on any later recovery from the third party for compensation paid, and if the worker does not pursue the third party within 30 days after the employer's written demand, the employer may sue in its own or the worker's name. A worker who recovers must repay the employer's benefits, less the employer's share of collection costs and attorney's fees; settlement of such claims needs approval of the court or the Workers' Compensation Board. Source: 39-A M.R.S. §107 |
Find and check a lawyer
| Lawyer referral service | The Maine State Bar Association Lawyer Referral Service provides "up to 30 minutes' consult with a qualified, local lawyer for $35"; after that consultation, you and the lawyer agree on a fee or rate for further work. |
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| Check that the lawyer is licensed | The Maine Board of Overseers of the Bar's online Attorney Directory lists attorneys admitted to practice in Maine as of the previous day. Search by name, city, state, ZIP, county or six-digit bar number. The Board notes that being listed does not necessarily mean an attorney is in good standing or currently permitted to practice; to check public discipline records, call the Board at (207) 623-1121. |
| Check discipline history or file a complaint | Grievance complaints about Maine lawyers go to the Board of Overseers of the Bar. They must be in writing and signed, using the online form, PDF form or a letter with a detailed summary and relevant documents. Mail: Board of Overseers of the Bar, 97 Winthrop Street, P.O. Box 527, Augusta, ME 04332-0527; phone (207) 623-1121; board@mebaroverseers.org. There is no cost. Central Intake reviews it, Bar Counsel investigates and the lawyer must respond in writing; a Review Panel then dismisses, dismisses with a warning or refers it for a public hearing (the first phase usually takes 90 to 120 days). You may request review of a dismissal within 14 days. Final public discipline is published on the Board's website. |
Free legal help
| Free legal aid | The Maine Judicial Branch lists free civil legal aid providers: Pine Tree Legal Assistance (the state's LSC-funded legal aid organization, for low-income people; ptla.org), Volunteer Lawyers Project, (800) 442-4293; Maine Equal Justice Partners, (866) 626-7059; Immigrant Legal Advocacy Project, (800) 497-8505; Legal Services for Maine Elders, (800) 750-5353 (people 60 or older); Disability Rights Maine, (800) 452-1948; and the clinics at Maine Law, (207) 780-4370 or toll-free (877) 780-2522. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Maine · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.