Retaliation for Filing Workers' Comp in Maine
Whether an employer in Maine can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not discriminate against an employee in any way for testifying or asserting a claim under the workers' compensation law. The employee may file a petition, which is heard by an administrative law judge; 39-A M.R.S. § 353
| Retaliation for filing | An employer may not discriminate against an employee in any way for testifying or asserting a claim under the workers' compensation law. The employee may file a petition, which is heard by an administrative law judge; if the employee wins, the judge may order reinstatement, back wages, restored benefits and reasonable attorney's fees. Discrimination by a different employer is handled under the Maine Human Rights Act (5 M.R.S. § 4572). Source: 39-A M.R.S. § 353 |
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| Appealing a denial | A disputed claim is decided by an administrative law judge after a formal hearing; the judge's findings of fact are final. A party may appeal a legal question to the Board's Appellate Division by filing a notice of intent to appeal within 20 days after receiving notice of the decision. A party may then seek review by the Maine Supreme Judicial Court (Law Court) by filing a copy of the Appellate Division's decision with the Law Court clerk within 20 days after notice of it, followed within 20 days by a petition for appellate review; the Law Court decides whether to take the case. The Board links a page titled "How to File an Appeal without an Attorney" from its injured-worker page. |
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
- Suing Over a Work Injury in Maine
- Appealing a Denied Workers' Comp Claim in Maine
- All Maine workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Maine?
An employer may not discriminate against an employee in any way for testifying or asserting a claim under the workers' compensation law. The employee may file a petition, which is heard by an administrative law judge; if the employee wins, the judge may order reinstatement, back wages, restored benefits and reasonable attorney's fees. Discrimination by a different employer is handled under the Maine Human Rights Act (5 M.R.S. § 4572).
How do you appeal a denied workers' comp claim in Maine?
A disputed claim is decided by an administrative law judge after a formal hearing; the judge's findings of fact are final. A party may appeal a legal question to the Board's Appellate Division by filing a notice of intent to appeal within 20 days after receiving notice of the decision. A party may then seek review by the Maine Supreme Judicial Court (Law Court) by filing a copy of the Appellate Division's decision with the Law Court clerk within 20 days after notice of it, followed within 20 days by a petition for appellate review; the Law Court decides whether to take the case.
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.