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Maine Employee Petition For Review of Incapacity And Request For Provisional Order

State:
Maine
Control #:
ME-SKU-0772
Format:
PDF
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Description

Employee Petition For Review of Incapacity And Request For Provisional Order

Maine Employee Petition For Review Of Incapacity And Request For Provisional Order is a form used by state employees in the state of Maine when appealing their disability rating. This form is used to review the employee's ability to perform their job duties due to a physical or mental impairment. This petition can also be used to request a provisional order, such as an extension of benefits or other types of assistance. There are two types of Maine Employee Petition For Review Of Incapacity And Request For Provisional Order: an individual petition and a joint petition. An individual petition is used by an employee who is appealing their own disability rating and seeking a provisional order. A joint petition can be used by an employee and their representative to appeal the disability rating of an employee and to seek a provisional order.

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FAQ

The maximum compensation rate for injuries on or after January 1, 2020 is 125% of the State Average Weekly Wage. Update for 2022: the state average weekly wage (SAWW) to $1,036.13. Provides that the maximum for injuries occurring July 1, 2022, through June 30, 2023, is $1295.16.

Once you give notice of your injuries, your employer must fill out a form called a "First Report of Injury" within seven days. Your employer must file the report with the Maine Workers' Compensation Board and provide a copy to you and its insurance company.

The law requires almost all public and private employers to have workers' compensation coverage. The law defines employers as ?private employers, the State, counties, cities, towns, water districts, other quasi?public corporations, municipal school committees, and design professionals.?

Yes, but it's very important to examine the evidence you have for why you were fired. If you have good reason to believe you were terminated in retaliation for filing a workers comp claim, make sure to keep detailed records, copies of email conversations, and anything else that could help support your case.

A workers' compensation claim must be filed within two years after the date of the injury or six years after the date of the most recent payment of benefits made on account of the injury. Need more information on state laws? Learn more about the laws where you live.

Injured workers are entitled to wage replacement and medical treatment benefits. Wage replacement is equal to two-thirds of your average weekly wages, subject to a maximum equal to 90 percent of the Maine average weekly wage. In most cases, you may receive partial incapacity compensation for a maximum of 520 weeks.

If you wait more than 60 days after the injury, you will lose the right to claim workers' compensation benefits.

Except as provided in section 2902-B, actions for professional negligence must be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury.

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Maine Employee Petition For Review of Incapacity And Request For Provisional Order