Maine Workers' Compensation Law


We specialize in representing injured workers

If you're involved in a workplace injury, whether in Maine or elsewhere, then Irwin Tardy & Morris can help. Our team has more than 60 years of experience representing injured workers.

We do not represent insurance companies, and have an excellent record of obtaining the highest possible workers' compensation recovery for our clients.

If you have been injured at work or discriminated against because you filed a Workers’ Compensation claim, call us for a free consultation.

Call Irwin Tardy & Morris for a free initial consultation to discuss your case

(207) 772-0303 
(Toll Free: 1-888-339-8884)

What should I do if I'm injured at work?

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.

While this should be a straight-forward 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 may state that you can still work regular duty or even that your injury did not happen at work.

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A Few of Our Results

Our team has handled thousands of Workers' Compensation cases, resulting in recovery of millions of dollars in benefits, medical expenses and substantial settlements. We have represented workers throughout the state of Maine – from Portland to Eastport and Sanford to Fort Kent.

Back & Neck Injury: $1,034,239+

A construction worker injured his back and neck. The insurance company tried to blame other causes, but we prevailed and forced payment of full weekly benefits and medical treatment. We then helped the client receive Social Security disability benefits, and settled the Workers’ Compensation claim for a $1,034,239 settlement.

Wrist, elbow and shoulder injury: $320,000+

A machine operator hurt his wrists, elbow and shoulder during years of work activity. After payment of weekly benefits and medical treatment we obtained a $320,000 settlement.

Slip & Fall Injury: $300,000+

A truck driver fell and injured his neck, back, hip and knee. The employer refused to continue benefits so we filed a claim and won. The employer appealed, but we fought that battle and won again. After years of paid benefits to our client we obtained an additional $300,000 settlement.

Foot Injury: $145,000+

A truck driver injured a foot. The insurance company stopped benefits. We restored the client’s weekly benefits and after full hearing won the case. We later settled for an additional lump sum of $145,000.

Knee and Shoulder Injury: $180,000+

A mobile home salesman injured a knee and shoulder. The insurance company refused to pay. We filed petitions and won full, ongoing lost time and medical benefits. Later we reached an additional $180,000 settlement for our client.

Hip Injury: $235,000+

An oil burner technician injured his hip while working. We forced the insurance company to pay full benefits and later reached a $235,000 settlement.

Foot and Hand Injury: $152,000+

A food factory worker hurt his foot and hand. After years of benefits paid, we settled the claim for an additional $152,000.

Multiple Injuries: $300,000+

A truck driver fell and injured his neck, back, hip and knee. The employer refused to continue benefits so we filed a claim and won, then won an appeal that the employer filed. Our client received an additional $300,000 settlement in addition to years of paid benefits.

Injuries Resulting From Sustained Labor: $250,000+

A boatyard employee’s back and knees “gave out” after many years of heavy manual labor. We helped our client obtain his maximum weekly benefit checks, quality medical care, and achieved an additional $250,000 settlement followed by an award of Social Security disability.

Psychological Stress Injury: $330,000+

An employee recently sustained psychological stress at the workplace. We won a workers’ compensation case for this stress injury for over $330,000

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ITM News

Do I Have a “Workers Compensation” or “Personal Injury” Case? June 8, 2017

By Rob Morris - When you are injured on the job, your first concern is recovering to the point where you can return to work. Recovery often includes time off from work, medical expenses, and a general disruption to your life. Injuries place a huge burden not only on you, but also on your family.

Workers Compensation covers most workplace injuries that require you to miss work, including those caused by you ...(READ MORE)

Employer Directing Medical Care After a Work Injury Nov 7, 2016

By Steven Davis - After your injury, your employer or insurance company might tell you that you must see a certain doctor or other health care provider. Often they send you to their “company” health clinic because they hope their doctors will appreciate the business, and in turn cooperate with their efforts to keep worker’s compensation costs down. (READ MORE)

FAQ

What is worker’s compensation?

The State of Maine’s program that is designed to help people who are injured at work.

What should I do if I am injured at work?

You should tell your employer as soon as possible that you have been injured. If you were injured on or after January 1, 2103, you are required to tell your employer of your injury within 30 days of your injury date. If you wait more than 30 days after the injury, you may lose the right to receive workers’ compensation benefits. [If your injury was before January 1, 2013, you may have up to 90 days to report your injury.]

Will I be paid for the wages I lost because of my injury?

Yes, if you miss more than 7 days of work, you are entitled to receive weekly compensation benefits. If you lose between 7 and 13 days, you will be paid for those days. If you miss more than 14 days, you will be paid for all of the days missed from work.

How much will I be paid while I am unable to work?

If you were injured between January 1, 1993 and December 31, 2012, your employer will pay you 80% of your after-tax average weekly wage. If your injury occurred on or after January 1, 2013, you will be paid up to 2/3 of your average gross weekly wage. [Your work-related medical bills will also be paid.]

Can my employer mistreat me or discriminate against me if I file a workers' compensation claim?

No. Your employer cannot discriminate against you or mistreat you for filing a workers’ compensation claim or for testifying in a workers’ compensation hearing. If you think your employer has discriminated against you because you filed a claim or testified, we can file a Petition to Remedy Discrimination. If your employer is found to have discriminated against you, the employer may be ordered to give you your job back and pay you for your lost wages, lost benefits and reasonable attorney fees.

What if the work accident was my fault?

With some minor exceptions – even if the accident was your fault, you will be entitled to workers’ compensation benefits.

Where does Irwin Tardy, & Morris represent clients?

The partners at Irwin, Tardy & Morris have been representing injured workers for over 30 years. We have gradually expanded our practice to the point where we now cover the entire state – and we have offices in Augusta, Brunswick, Newport and Portland.

Can I go to a doctor for my injury?

Yes, however for the first ten days, your employer has the right to choose a health care provider to treat your injury. After the first ten days you may choose your own health care provider.

Do I have to agree to have a case manager?

No, in fact we strongly recommend that you do not have a case manager. These managers are employed by the employer’s insurance company and report directly to the insurance company regarding anything you report to them or to your doctor while they are present.

If I cannot work due to my injury, will I lose my health insurance and other benefits from my employer?

Workers’ compensation rules do not require that your employer continue to pay your fringe benefits while you are out of work. However, you may be able to continue those benefits if provided for in your employment contract or under the Family Medical Leave Act.

Can I get an impartial doctor to evaluate my case?

Either side may request an independent Section 312 medical examination. If approved, the Workers’ Compensation Board will assign an impartial medical provider to exam you and your medical records. The provider will issue an opinion as to whether your injury is work related, what work restrictions you require and address other issues. The Section 312 provider’s report will be binding upon the Workers’ Compensation Board unless there is ”clear and convincing evidence” that the provider’s findings are wrong.

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Irwin, Tardy & Morris Locations

Portland

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

Newport

159 Main Street
PO Box 476
Newport, Maine 04953
Phone: 207.368.2828

Augusta

104 Sewall Street
Augusta, ME 04330
Phone: 207.368.2828

Brunswick

6 Cumberland Street
Brunswick, Maine 04011
Phone: 207.725.0000