Suing Over a Work Injury in Maine
When Maine law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: 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; 39-A M.R.S. §§104, 104-A
| Suing 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 |
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| 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 |
| If your employer has no workers' comp | The civil-suit immunity applies only to employers that have secured workers' compensation, and in a damages suit by an employee the employer cannot defend on the ground that the employee was negligent, a co-worker was negligent, or the employee assumed the risk. An employer that fails to secure coverage faces a civil penalty of up to $10,000 or 108% of the premium that should have been paid, whichever is larger (paid to the Employment Rehabilitation Fund), a Class D crime for a knowing violation, and possible dissolution of the business or loss of licenses. §103: https://legislature.maine.gov/statutes/39-A/title39-Asec103.html ; §104: https://legislature.maine.gov/statutes/39-A/title39-Asec104.html . Whether a fund pays benefits to workers of uninsured employers was not determined from the sections read. Source: 39-A M.R.S. §§104, 103, 324(3) |
Where to get help in Maine
More Maine workers' compensation
- Filing a Workers' Comp Claim in Maine
- How Much Workers' Comp Pays in Maine
- Workers' Comp Settlements in Maine
- Retaliation for Filing Workers' Comp in Maine
- Appealing a Denied Workers' Comp Claim in Maine
- All Maine workers' compensation rules
FAQ
Can you sue your employer for a work injury in Maine?
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.
Can you sue a third party for a work injury in Maine?
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.
What if my employer doesn't have workers' comp insurance in Maine?
The civil-suit immunity applies only to employers that have secured workers' compensation, and in a damages suit by an employee the employer cannot defend on the ground that the employee was negligent, a co-worker was negligent, or the employee assumed the risk. An employer that fails to secure coverage faces a civil penalty of up to $10,000 or 108% of the premium that should have been paid, whichever is larger (paid to the Employment Rehabilitation Fund), a Class D crime for a knowing violation, and possible dissolution of the business or loss of licenses.
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.