Maine § 39-A §105-A Construction contractors

Maine Statutes

§ 39-A §105-A — Construction contractors

Maine·Title 39-A WORKERS' COMPENSATION·Part 1 MAINE WORKERS' COMPENSATION ACT OF 1992·Ch. 1 GENERAL PROVISIONS

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Status of persons performing construction work. Beginning January 1, 2010, a person performing construction work on a construction site for a hiring agent is presumed to be the employee of the hiring agent for purposes of this Act, unless:

3.Penalties. A person who is required to but fails to secure the payment of compensation with respect to persons deemed to be that person's employees under this section is subject to the penalties under section 324, subsection 3.

4.Insurer referral obligation. An insurer that believes in good faith that an insured employer withheld from it or from the State Tax Assessor records of payments to a person deemed to be the per

Free access — add to your briefcase to read the full text and ask questions with AI

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Status of persons performing construction work.
Beginning January 1, 2010, a person performing construction work on a construction site for a hiring agent is presumed to be the employee of the hiring agent for purposes of this Act, unless:
3.
Penalties.
A person who is required to but fails to secure the payment of compensation with respect to persons deemed to be that person's employees under this section is subject to the penalties under section 324, subsection 3.
4.
Insurer referral obligation.
An insurer that believes in good faith that an insured employer withheld from it or from the State Tax Assessor records of payments to a person deemed to be the person's employee under this section may, but is not required to, refer the insured employer and person to the State Tax Assessor in order that the assessor may take appropriate action, and the insurer enjoys immunity for such actions.
5.
Stop-work orders.
In addition to any penalty imposed under section 324, subsection 3, if after a hearing the executive director determines that a hiring agent or construction subcontractor has knowingly failed to secure the payment to that hiring agent’s or construction subcontractor’s employees of the compensation provided for by this Act, the executive director or the executive director's designee shall issue a stop-work order pursuant to this subsection. The issuance of a stop-work order by the executive director or the executive director’s designee constitutes final agency action.
6.
Insurance coverage information for public construction projects.
Insurance coverage information regarding construction subcontractors and independent contractors is controlled by this subsection.