Workers' comp claim denied in Maine: what to do next

If your employer files a Notice of Controversy, a Board troubleshooter (Claims Resolution Specialist) will contact you and your employer to try to resolve it.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Maine

Who decides

Maine Workers' Compensation Board (troubleshooters, mediators and administrative law judges; Appellate Division)

First step

If your employer files a Notice of Controversy, a Board troubleshooter (Claims Resolution Specialist) will contact you and your employer to try to resolve it. If you do not hear from a troubleshooter within 2 weeks, call a regional Board office. After troubleshooting, a free Worker Advocate can represent you if you qualify.

Form

Petition for Award of Compensation (WCB-140)

Deadline

A petition must be filed within 2 years after the injury (or after a required First Report of Injury was filed), or within 6 years of the last payment if benefits were paid. If your employer sends a 21-day certificate of discontinuance, you can file a Petition for Review with a request for a provisional order (WCB-121) before benefits stop.

Medical disagreements

Your employer can send you to a doctor of its choice for an exam under section 207; that opinion is not binding. After an unsuccessful mediation, you, your employer or a judge can request an independent medical exam under section 312 by a doctor the Board chooses; its findings are binding unless shown wrong by clear and convincing evidence. Disputes over medical bills go on a Petition for Payment of Medical and Related Services (WCB-190).

Petition for Payment of Medical and Related Services (WCB-190)

Appealing the decision

Appellate Division of the Workers' Compensation Board.

Source: Notice of Intent to Appeal, Form WCB-240

Troubleshooting: a Board Claims Resolution Specialist tries to resolve the dispute informally.
Mediation: a Board mediator holds an informal conference (usually by phone). A Worker Advocate can help you prepare and attend.
Petition: if mediation fails, file the right petition with the Board, for example a Petition for Award of Compensation (WCB-140) for lost wages or a Petition for Payment of Medical and Related Services (WCB-190).
Formal hearing: an administrative law judge hears the evidence and issues a binding decision.
Appeal: you may appeal the judge's decision to the Board's Appellate Division (findings of fact cannot be appealed).

Law: 39-A M.R.S. §§ 205(9), 306, 312, 313, 315

Source: maine.gov

Sources

The official sources for Maine are listed on the Maine page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org