Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
When an accident-related injury in Maine prevents you from working, you can pursue several paths to recover lost wages.
1. Workers’ Compensation Benefits
If your injury occurred while performing job duties, you may file a workers’ compensation claim under Maine law. Title 39-A M.R.S. §201 entitles eligible employees to wage-loss benefits equal to two-thirds of their average weekly wage, subject to statutory limits. To begin, notify your employer in writing and file a claim with the Maine Workers’ Compensation Board.
Learn more: 39-A M.R.S. §201
2. Personal Injury Lawsuit
If a third party’s negligence caused your accident, you can file a personal injury lawsuit in Maine. In such cases, you may recover economic damages for past and future lost wages. To win, you must prove four elements: duty, breach, causation and damages.
Maine applies a modified comparative negligence rule under 14 M.R.S. §156. If you share fault, your award reduces by your percentage of fault. You cannot recover if you bear more than 50% of the blame.
3. Disability Insurance Benefits
Review any employer-sponsored or private disability insurance policies you hold. Short-term and long-term disability plans can replace a portion of your income while you’re unable to work. These benefits may supplement or replace workers’ compensation or personal injury recoveries.
4. Federal Disability Programs
If your injuries cause long-term or permanent impairment, you might qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). These federal programs provide monthly benefits based on work history and financial need.
Helpful Hints
- Keep detailed records of medical treatment, missed workdays and wage statements.
- Report the accident to your employer in writing as soon as possible to preserve workers’ compensation rights.
- Consult an attorney before signing any settlement offers to fully understand all wage-loss claims.
- Gather documentation for future wage-loss projections, such as expert reports or earning history.
- Note Maine’s statute of limitations for personal injury claims: typically two years from the date of injury under 14 M.R.S. §752.