§103. Common-law defenses lost
In an action to recover damages for personal injuries sustained by an employee arising out of and in the course of the employee's employment, or for death resulting from such injuries, it is not a defense to an employer, except as hereinafter specified: [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1. Employee negligent. That the employee was negligent;
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2. Fellow employee negligent. That the injury was caused by the negligence of a fellow employee; or
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3. Employee assumed risk. That the employee has assumed the risk of the injury.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
Structure Maine Revised Statutes
TITLE 39-A: WORKERS' COMPENSATION
Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992
39-A §103. Common-law defenses lost
39-A §104. Applicability to certain actions and employers; exemptions
39-A §105. Predetermination of independent contractor and construction subcontractor status
39-A §105-A. Construction contractors
39-A §106. Invalidity of waiver of rights; claims not assignable
39-A §107. Liability of 3rd persons; election of employee; subrogation
39-A §108. Preference of claims
39-A §109. Compilation of claims information
39-A §110. Collective bargaining
39-A §111. Alternative programs
39-A §112. Workers' compensation coverage for forest firefighters
39-A §113. Exemption for nonresident employees; reciprocity
39-A §114. Independent contractor status for truckers and couriers (REPEALED)