When do I have to file a First Report of Injury (WCB-1)?

The employer is required by law to complete a First Report of Injury form whenever it has notice or knowledge of a work injury that requires medical attention or results in incapacity from work.

Where can I obtain first report of injury forms?

Call us here at Maine Merchants Self-Funded Workers' Compensation Trust at (207) 621-0835.

What is the difference between "incapacity from work" and a "lost day from work'?

Incapacity refers to the inability to work, whether or not the employee was actually scheduled to work. A First Report of Injury must be completed and submitted to Maine Merchants Self-Funded Workers' Compensation Trust and the Workers' Compensation Board whenever an employee is unable to work as a result of an injury--even if not scheduled to work.

Do I have to complete a first report of injury if the employer will be paying for the medical treatment directly?

Yes. The law requires that the company complete a First Report of Injury whenever the employee seeks medical attention. A copy of the form still needs to be given to the employee. A copy should be submitted to Maine Merchants Self-Funded Workers' Compensation Trust to be on file. The completion of the form protects the employer and the employee and initiates the statue of limitations.

Where does an injured employee go for medical attention?

In an emergency situation, the injured employee should seek medical attention from the nearest trauma center.

Otherwise, during the first ten days after a claim is made, the employer has the right to direct the employee to a medical provider of the employer's choosing. We strongly encourage trust members to designate an occupational facility to treat injured employees. You may call Maine Merchants Self-Funded Workers' Compensation Trust for a listing of occupational clinics in your area.

After ten days, the employee may change health care providers to someone of his or her choosing, should the employee desire.

How long may an employee receive medical care and have it paid for under the Workers' Compensation Claim?

Related and reasonable medical care must be paid for six years from the date of the last payment made under the claim.

What happens when an employee is out of work due to a work-related injury?

For injuries on or after January 1, 1993, there is seven day waiting period before any lost time benefits are payable. If an employee is unable to work for more than seven days, he or she is entitled to compensation of 80% of the net amount of his or her pre-injury earnings. If the employee is unable to work for more than fourteen days, the seven day waiting period become payable.

Is the seven-day waiting period working days or calendar days?

Calendar Days

Must the seven-day waiting period be consecutive days?

No.

How long may an employee receive lost time benefits?

For injuries on or after January 1, 1993, there are several criteria that must be considered.

If the employee is totally incapacitated (unable to perform any work), he or she entitled to benefits for as long as that incapacity lasts.

If an employee is able to perform restricted work only, he or she may receive partial incapacity benefits. These may last for up to 316 weeks (8 years), if the employee suffered a permanent impairment of less than a certain amount (currently 11.8%). (The 316 weeks is subject to increase depending a certain circumstances.)

If an employee suffered a permanent impairment of greater than the threshold, he or she may receive benefits for as long as he or she remains restricted from work (i.e. the 316 week cap does not apply).