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CAN
THEY DO THAT ?
I'M
HURT AND THEY WON'T
PAY!
Janet
T. Mills, Esq.
WRIGHT
& MILLS, P.A.
I
QUIT MY JOB BECAUSE I COULDN'T TAKE THE
STRESS. I FILED A WORKERS COMP CLAIM, BUT
MY EMPLOYER REFUSED TO
PAY.
CAN
THEY DO THAT?
Yes
they can!
The
workers compensation system in Maine is a
long process and it is pretty discouraging
to many injured employees.
To
be successful in a workers comp claim, it
must be pretty clear that you have a
medically documented injury, that this
injury arose out of your employment and
that it was caused by your employment.
You
must give your employer notice of your
injury and you must show that your
condition disables you from
working.
Within
fourteen days of receiving a claim, your
employer must either accept the claim or
pay you "without prejudice" or deny your
claim and file a "notice of controversy."
Your employer does not have to pay you
anything unless you have incurred medical
bills or you have lost time from
work.
If
there is work available within your
medical restrictions, your employer must
reinstate you or provide you with a "light
duty" job if it is reasonably
available.
You
cannot be paid workers comp for mental
stress unless the work stress was
"extraordinary and unusual" in comparison
to pressures and tensions experienced by
the average employee. In addition, you
must prove that work stress was the
predominant cause of your mental injury,
that it was not caused primarily by some
other issue in your
life.
So,
your employer may deny your claim for
workers comp and make you prove your case
to the Workers Compensation Commission,
for "stress" injuries, this is pretty
difficult!
It's
the law!
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