LD 398
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LD 398 Title Page An Act To Improve Collection of Information about Work-related Injuries and To ... Page 2 of 3
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LR 444
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 39-A MRSA §303, as amended by PL 1999, c. 354, §5, is
further amended to read:

 
§303. Reports to board

 
When any employee has reported to an employer under this Act
any injury arising out of and in the course of the employee's
employment that has required the services of a health care
provider or has caused the employee to lose a day's work, or
when the employer has knowledge of any such injury, the
employer shall report the injury to the board within 7 days
after the employer receives notice or has knowledge of the
injury. The If the injury has caused the employee to lose a
day's work, the employer shall also report the average weekly
wages or earnings of the employee, as defined in section 102,
subsection 4, together with any other information required by
the board, within 30 days after the employer receives notice
or has knowledge of a claim for compensation under section
212, 213 or 215, unless a wage statement has previously been
filed with the board. A copy of the wage information must be
mailed to the employee. The employer shall report when the
injured employee resumes the employee's employment and the
amount of the employee's wages or earnings at that time. The
employer shall complete a first report of injury form for any
injury that has required the services of a health care
provider within 7 days after the employer receives notice or
has knowledge of the injury. The employer shall provide a
copy of the form to the injured employee and retain a copy for
the employer's records but is not obligated to submit the form
to the board unless the injury later causes the employee to
lose a day's work. A copy of the injury report and of any
wage information filed by the employer must be mailed to the
employee.__If the employer filed a report for an injury that
required the services of a health care provider but did not
result in lost time, and that same injury later results in
lost time, the employer shall file such additional information
as the board requires, including wage information, within 30
days after the employer received notice or has knowledge of a
claim for compensation under section 212, 213 or 215.__If an
employer is insured, the responsibility to ensure that a
timely and accurate injury report is filed under this section
rests with the insurer.__The board shall audit compliance with
this section when it conducts audits of insurers pursuant to
section 153, subsection 9 and section 359.__All reports filed
under this section must be filed electronically in accordance
with any rules adopted by the board.__Rules adopted under this
section are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.


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