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!