Amendments to Maine Workers’ Compensation Act

By Anne-Marie L. Storey, Esq.

 

There have been a few changes to the Maine Workers’ Compensation Act under one piece of new legislation, LD 1119, An Act To Amend the Laws Governing the Filing of Wage Statements and Other Laws under the Maine Workers’ Compensation Act of 1992, with amendments.  The veto of the Bill was overridden by the Legislature and it became law as of June 30.

One of the significant aspects of this amendment is that it permits an employer to report earnings or wages  on the Wage Statement consistent with the way the employee is actually paid.  In other words, the amendment changes the prior requirement that all wages be reported on a weekly basis and now permits reporting based on the way the wages are actually received, i.e. bi-weekly, monthly, etc.  This is not a substantive change because the Wage Statement still requires the 52 weeks of earnings prior to the injury, but it does simplify the process for employers who pay on a schedule other than weekly and eliminates concerns about accuracy of the wage when converting it to a weekly basis.

We will provide additional assessment of the remaining portions of this Amendment as well as any other legislation affecting employment practices.