Workers' Comp Settlements in Maine

Yes. Future benefits can be commuted to a lump sum, but only on a petition to the Workers' Compensation Board, at least six months after the injury, and with the Board's approval. Before approving, the Board reviews with the worker their rights, the effect the settlement would have on those rights, and the prudence of consulting a financial or other expert. The Board may not approve the settlement unless the worker has fully participated in the review (absent good cause) and the Board finds it is in the worker's best interest. A settlement may also release future medical liability only under conditions the Board must find.

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).

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.