§301. Notice of injury within 90 days
For claims for which the date of injury is prior to January 1, 2013, proceedings for compensation under this Act, except as provided, may not be maintained unless a notice of the injury is given within 90 days after the date of injury. For claims for which the date of injury is on or after January 1, 2013 and prior to January 1, 2020, proceedings for compensation under this Act, except as provided, may not be maintained unless a notice of the injury is given within 30 days after the date of injury. For claims for which the date of injury is on or after January 1, 2020, proceedings for compensation under this Act, except as provided, may not be maintained unless a notice of the injury is given within 60 days after the date of injury. The notice must include the time, place, cause and nature of the injury, together with the name and address of the injured employee. The notice must be given by the injured employee or by a person in the employee's behalf, or, in the event of the employee's death, by the employee's legal representatives, or by a dependent or by a person in behalf of either. [PL 2019, c. 344, §13 (AMD).]
The notice must be given to the employer, or to one employer if there are more employers than one; or, if the employer is a corporation, to any official of the corporation; or to any employee designated by the employer as one to whom reports of accidents to employees should be made. It may be given to the general superintendent or to the supervisor in charge of the particular work being done by the employee at the time of the injury. Notice may be given to any doctor, nurse or other emergency medical personnel employed by the employer for the treatment of employee injuries and on duty at the work site. If the employee is self-employed, notice must be given to the insurance carrier or to the insurance carrier's agent or agency with which the employer normally does business. [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). PL 2011, c. 647, §16 (AMD). PL 2019, c. 344, §13 (AMD).
Structure Maine Revised Statutes
TITLE 39-A: WORKERS' COMPENSATION
Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992
Subchapter 1: BOARD PROCEEDINGS
39-A §301. Notice of injury within 90 days
39-A §302. Sufficiency of notice; knowledge of employer; extension of time for notice
39-A §305. Petition for award; protective decree
39-A §306. Time for filing petitions
39-A §307. Procedure for filing petitions; no response required; mediation
39-A §309. Subpoenas; evidence; discovery
39-A §311. Inadmissible statements
39-A §312. Independent medical examiners
39-A §313. Procedure upon notice of controversy or other indication of controversy; mediation
39-A §315. Time and place of formal hearing
39-A §316. Guardians and other representatives for minors and incompetents
39-A §317. Appearance by authorized officer, employee or advocate
39-A §318. Hearing and decision
39-A §319. Petition for reopening
39-A §320. Review by full board
39-A §321. Reopening for mistake of fact or fraud
39-A §321-A. Appellate Division
39-A §321-B. Appeal from administrative law judge decision
39-A §322. Appeal from decision of appellate division or board
39-A §323. Enforcement of board decision
39-A §324. Compensation payments; penalty
39-A §325. Costs; attorney's fees allowable
39-A §326. Death of petitioner
39-A §327. When employee killed or unable to testify
39-A §328-A. Communicable disease contracted by emergency rescue or public safety worker
39-A §328-B. Cancer suffered by a firefighter
39-A §328-C. Heart disease or hypertension suffered by certain employees