Maine Statutes
§ 39-A §408 — Waiver of right of action; minors
Maine·Title 39-A WORKERS' COMPENSATION·Part 1 MAINE WORKERS' COMPENSATION ACT OF 1992·Ch. 9 INSURANCE AND SELF-INSURANCE
Except as provided in subsection 2, an employee of an employer who has secured the payment of compensation as provided in sections 401 to 407 is deemed to have waived the employee's right of action at common law and under section 104 to recover damages for the injuries sustained by the employee.
1.Legally employed minors.
A minor is deemed sui juris for the purpose of this Act if the minor's employer was not in violation of Title 26, section 771, 772 or 773‑A at the time of the minor's injury. No other person has any cause of action or right to compensation for an injury to that minor employee except as provided in this section.
2.Illegally employed minors.
A minor is not deemed to have waived the minor's right of action at common law and under section 104 if the minor's employer was in
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Legislative History
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2017, c. 286, §11 (AMD).
Nearby Sections
15
§ 39 §1
Short title§ 39 §100-A
Orders or agreements for trial work periods§ 39 §100-B
Trial work periods§ 39 §102-A
Incarceration of employee§ 39 §103
Appeal§ 39 §103-A
Appellate Division created§ 39 §103-B
Appeal from commission decision§ 39 §103-C
Appeal from a decision of the division§ 39 §103-D
Report to the Law Court§ 39 §103-E
Enforcement of division§ 39 §104-A
Compensation payments; penalty