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Hurt at Work

39-A M.R.S. § 301 — notice to the employer within 60 days, and a petition within 2 years

Sixty days to tell the employer. For an injury on or after January 1, 2020, notice of the injury is given within 60 days after it, with the time, place, cause and nature of the injury and the employee's name and address. It goes to the employer, a supervisor, someone the employer designated for injury reports, or the employer's on-site medical staff.

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Who handles this in Maine: Maine Workers' Compensation Board; and legal aid programs and the state offices, listed in the Maine directory.

  • Missing notice is no bar if the employer or its agent knew of the injury.
  • Time when the employee could not give notice because of physical or mental incapacity, or a mistake of fact, is not counted.
  • 39-A M.R.S. § 302

A petition is filed within 2 years after the injury or the employer's first report of injury, whichever is later. Once the employer or insurer pays benefits in that window, the time becomes 6 years from the most recent payment.

No employer may discriminate against an employee for testifying or asserting a claim. An employee who wins a petition on it may get reinstatement, back wages, restored benefits and attorney's fees.

Sources for this section (4)
  1. 39-A M.R.S. § 301 — Notice of injury within 90 days
  2. 39-A M.R.S. § 302 — Sufficiency of notice; knowledge of employer; extension of time for notice
  3. 39-A M.R.S. § 306 — Time for filing petitions
  4. 39-A M.R.S. § 353 — Discrimination

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.

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