§ 39-A §401 — Liability of employer

Maine § 39-A §401

• Jurisdiction: Maine
• Title 39-A: WORKERS' COMPENSATION
• Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992
• Ch. 9: INSURANCE AND SELF-INSURANCE

Text

1.
Private employers.
Every private employer, including an independent contractor who hires and pays employees, is subject to this Act and shall secure the payment of compensation with respect to all employees by purchasing a workers' compensation policy or self-insuring as set forth in section 403. Unless employed by a private employer, a person engaged in harvesting forest products is subject to this Act and shall secure the payment of compensation by purchasing a workers' compensation policy or self-insuring as set forth in section 403 with respect to that person individually if that person is an employee as defined in section 102, subsection 11, paragraph B‑1.
2.
Governmental bodies.
The State and every county, city and town is subject to this Act and shall secure the payment of compensation by purchasing a workers' compensation policy or self-insuring as set forth in section 403.
3.
Failure to conform.
The failure of any private employer or of any person engaged in harvesting forest products not exempt under subsection 1 or of any governmental body, as defined in subsection 2, to secure the payment of compensation with respect to all employees by purchasing a workers' compensation policy or self-insuring as set forth in section 403 constitutes failure to secure payment of compensation provided for by this Act within the meaning of section 324, subsection 3, and subjects the employer or a person engaged in harvesting forest products to the penalties prescribed by that section. An employer that purchases a workers' compensation policy or self-insures as set forth in section 403 and misclassifies one or more employees as independent contractors has not complied with the coverage provisions of this Act and is subject to all applicable penalties for failure to secure payment of compensation with respect to all misclassified employees.
3-A.
Cancellation notice requirements.
Any person engaged in harvesting forest products not exempt under subsection 1 shall provide within 3 business days of the cancellation written notification to the landowner to whom the person is under contract of a cancellation of that person's workers' compensation insurance policy. That person shall provide identical notice to any employee who was covered by the canceled workers' compensation insurance policy. A person engaged in harvesting forest products not exempt under subsection 1 who is found in noncompliance with these notification requirements is liable for a civil forfeiture of not less than $50 nor more than $100 for each day of noncompliance.
4.
Liability of landowner.
A landowner subject to this Act who contracts to have wood harvested from the landowner's property by a contractor who, as an employer, is subject to this Act and who has not complied with the provisions of this section and who does not comply with the provisions of this section prior to the date of an injury or death for which a claim is made is liable to pay to any person employed by the contractor in the execution of the work any compensation under this Act that the landowner would have been liable to pay if that person had been immediately employed by the landowner.
4-A.
Predetermination of independent contractor status.
A landowner and a contractor may submit to the board, on forms approved by the board, a request for predetermination of the status of the contractor as an independent contractor.
5.
Workplace health and safety training programs.
The following workplace health and safety plan requirements apply to all employers in the State required to secure payment of compensation in conformity with this Title.
5-A.
Working group on data collection and injury prevention.
The Department of Labor, Bureau of Labor Standards shall convene a working group beginning not later than October 1, 2003 to evaluate data on work-related injuries and identify ways to reduce the incidence of such injuries. The bureau shall include in the group representatives of the board, labor, employers, occupational health practitioners, safety experts, insurers and others that the bureau considers useful and necessary to the group. The group shall review existing data collection efforts and the structure within State Government for evaluating and improving injury prevention efforts in the workplace. The group shall identify ways to improve data collection, analysis and injury prevention programs in the State. The bureau shall report the recommendations of the group by January 1, 2005 and January 1, 2006 to the Governor and to the joint standing committees of the Legislature having jurisdiction over labor matters and over insurance matters. Those committees are authorized to report out legislation in response to the recommendations to the First Regular Session of the 122nd Legislature and the Second Regular Session of the 122nd Legislature. The bureau may continue the group as long as it considers such a group useful in understanding the causes and promoting prevention of work-related injuries in the State.
6.
Nonresident employers.
A nonresident employer whose employees work in the State shall obtain coverage under this Act from an insurer or self-insurer authorized in the State unless exempt under section 113 or unless the employer would be exempt if located in the State.

Legislative History

PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1993, c. 120, §2 (AMD). PL 1997, c. 359, §1 (AMD). PL 1997, c. 366, §1 (AMD). PL 1999, c. 364, §§4-6 (AMD). PL 1999, c. 610, §1 (AMD). PL 2001, c. 235, §§2,3 (AMD). PL 2001, c. 622, §1 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2003, c. 471, §2 (AMD). PL 2003, c. 673, §Q4 (AMD). PL 2011, c. 643, §§11, 12 (AMD). PL 2011, c. 643, §14 (AFF). PL 2013, c. 87, §1 (AMD). PL 2015, c. 469, §§4-6 (AMD). PL 2023, c. 205, §§8-10 (AMD).