Maine Workers' Compensation Law:    Claims Process

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At Irwin & Morris our experience can help you.

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(207) 772-0303 

How Do I File a Claim?

If you are injured at work you must inform your employer within 30 days of the date of your injury. Report ALL injuries, not just those that your employer thinks are serious.

Your employer will then report the injury to their insurance company. The insurance company will decide whether to pay you, on a voluntary basis, a portion of your lost wages and medical expenses related to your work injury.

What if My Claim is Denied?

While this should be a straightforward process, it can become very complicated. Insurance companies do not like to pay benefits. In addition, your employer may deny you benefits based on a whole range of excuses, such as a “pre-existing” injury they claim you have. They may state that you can still work regular duty or even that your injury did not happen at work.

At the first sign of any problems with your claim for benefits you need to speak with a lawyer that specializes in Workers’ Compensation law. We at Irwin & Morris will evaluate your case and answer your Workers’ Compensation questions for free.

The Top 5 Mistakes that Many People Make:

  1. Not reporting the accident. Maybe you're hoping that the pain will go away, or worrying about how your employer will react if you report the injury. You have only 30 days to report your injury to your employer, and there are other deadlines as well.  Missing a deadline can result in the loss of your claim.
  2. Not maintaining control over your case. Your employer or their insurance company often try to intercede in a Workers Compensation claim. Here are a few things that you should never let them do:
    • Your employer cannot restrict where you go for continued treatment. They can only direct your treatment for the first 10 days after the injury.
    • Your employer or their insurance company may want a nurse "case manager" to attend your doctor visits. You do not have to accept their participation.
    • Your employer cannot order you to carry out work activity that does not fit with what the doctor says you can safely do.
    • Never fill out or sign any paperwork that you do not fully understand.
  3. Downplaying your injury to keep your employer happy. Never indicate to anyone that your injury is less severe than it actually is.
  4. Not requesting everything in writing. You may want to take people at their word instead of making sure that everything is written down, however this could harm your case. For example, if a doctor tells you to avoid certain work activities, make sure that the doctor writes this down on the standard Workers' Compensation form so that you will have proof.
  5. Not speaking with a lawyer. Workers' Compensation cases can become complicated very quickly. A lawyer will help you to navigate the system and achieve the best possible outcome. If you have already filed a claim and your benefits were denied or you're simply concerned about how your claim is being handled, an experienced lawyer will be your best advocate.

Irwin & Morris Locations

Map of Portland, Maine office

Portland

183 Middle Street
P.O. Box 7030
Portland, Maine 04112
Phone: 207.772.0303

Map of New Gloucester, Maine office

New Gloucester
(Pineland - Auburn Hall)

60 Pineland Drive, Suite 202
New Gloucester, ME 04260
Phone: 207.725.0000