Construction Site Injuries in Maine
Whether an injured construction worker in Maine can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Maine's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is exempt from civil suits by its employees for work injuries, and the exemption extends to its employees, supervisors, officers and directors. 39-A M.R.S. §§104, 107
| Construction site injuries | Maine's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is exempt from civil suits by its employees for work injuries, and the exemption extends to its employees, supervisors, officers and directors. The injured worker may still pursue damages from a third party (someone other than the employer) whose fault caused the injury, and the employer has a lien on that recovery for compensation it paid. §107: https://legislature.maine.gov/statutes/39-A/title39-Asec107.html . Construction subcontractor status is addressed in 39-A M.R.S. §§105, 105-A (not read). No search for a scaffold-type statute was done; no absence claim is made. Source: 39-A M.R.S. §§104, 107 |
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| Fault rule (comparative negligence) | Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover. Maine's statute reduces damages by a dollar amount the jury considers fair, not strictly by percentage. Source: 14 M.R.S. § 156 |
| Deadline to sue for an injury | Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule. Some injury claims have shorter special deadlines, such as medical malpractice (3 years), wrongful death (3 years) and claims against governmental entities (2 years). Source: 14 M.R.S. § 752 |
More Maine personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maine
- Wrongful Death Lawsuits in Maine
- Medical Malpractice Rules in Maine
- Car Accident Claims in Maine
- Dog Bite Liability in Maine
- Sidewalk and Public Property Falls in Maine
- Motorcycle Accident Claims in Maine
- Pedestrian Accident Claims in Maine
- Bicycle Accident Claims in Maine
- Uber and Lyft Accident Claims in Maine
- Truck Accident Claims in Maine
- All Maine personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Maine?
Maine's workers' compensation law sets the general rule for construction injuries. An employer that has secured workers' compensation is exempt from civil suits by its employees for work injuries, and the exemption extends to its employees, supervisors, officers and directors. The injured worker may still pursue damages from a third party (someone other than the employer) whose fault caused the injury, and the employer has a lien on that recovery for compensation it paid.
Can you recover damages if you were partly at fault in Maine?
Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover.
What is the statute of limitations for personal injury in Maine?
Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule.
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.