How Much Workers' Comp Pays in Maine

For injuries on or after January 1, 2013, total incapacity benefits are 2/3 of the worker's gross average weekly wage, up to the state maximum, and are paid for as long as the total incapacity lasts. (For injuries before 2013, the rate was 80% of after-tax average weekly wage.) A worker who can do full-time work in the ordinary labor market is not eligible for total benefits but may receive partial benefits.

For injuries on or after January 1, 2020, the maximum is 125% of the state average weekly wage (or $441, if higher). The Board's notice lists a maximum weekly rate of $1,561.40 for the payment period July 1, 2026 – June 30, 2027, based on a state average weekly wage of $1,249.12. For injuries from 2013 through 2019 the maximum is 100% of the state average weekly wage, listed as $1,249.12 for the same period. No general minimum weekly benefit was found in the sections reviewed.

Total incapacity benefits are paid for as long as the total incapacity lasts, with no fixed week limit. Partial incapacity benefits are capped by date of injury: 260 weeks for injuries before January 1, 2013; 520 weeks for injuries from January 1, 2013 through December 31, 2019; and 624 weeks for injuries on or after January 1, 2020. A worker whose permanent impairment is above the threshold set by law is not subject to the cap, and the Workers' Compensation Board may extend partial benefits past the cap in cases of extreme financial hardship due to inability to return to work. Separate fixed periods apply to certain specific losses (for example, 215 weeks for loss of a hand).

Wage-loss benefits are not paid for the first 7 days of incapacity (firefighters are paid from the first day). If the incapacity lasts more than 14 days, benefits are paid back to the date the incapacity began.

For injuries on or after January 1, 2020, partial incapacity benefits are 2/3 of the difference between the worker's pre-injury gross average weekly wage and what the worker can earn after the injury, up to the maximum, for no more than 624 weeks (counting total and partial benefits together); the Board can extend that limit in cases of extreme financial hardship. Total incapacity benefits are paid as long as the total incapacity lasts, and certain severe losses (such as loss of sight in both eyes, or loss of both legs or both arms) are presumed to be permanent total incapacity for 800 weeks. Actual loss of body parts is paid for a set number of weeks (for example, thumb 65 weeks, hand 215 weeks, leg 215 weeks, arm 269 weeks, eye 162 weeks). For injuries on or after January 1, 2020, total benefits are adjusted annually for wage changes (up to 5%) after 260 weeks.