Code of Maine Rules
90 - INDEPENDENT AGENCIES
351 - WORKERS' COMPENSATION BOARD
Chapter 3 - FORM FILING
Section 351-3-1 - Lost Time: Employer's First Report of Occupational Injury or Disease (WCB-1)

Universal Citation: 90 ME Code Rules ยง 351-3-1

Current through 2024-38, September 18, 2024

1. The definition of a day for purposes of filing a First Report of Occupational Injury or Illness (WCB-1) under §303 is the wages in an employee's regular workday.

2. Except as provided in paragraph (4) of this section, a First Report of Occupational Injury or Illness (WCB-1) shall be filed within 7 days after an employee has actually lost wages in an amount equivalent to that sum which would have been earned in a regular workday.

3. For purposes of this section, "wages in an employee's regular workday" is the amount equivalent to a day's wages for those who earn the same amount each workday, regardless of the duration of such person's employment. For all others, "wages in an employee's regular workday" is determined by dividing the pre-tax wages earned by the employee during the four (4) full work week period immediately preceding the date of injury by the number of days worked during the same four (4) full work week period. In the event that an employee has worked for less than the four (4) full work week period preceding the date of injury, "wages in an employee's regular workday" is determined by dividing the pre-tax wages earned by the number of days worked.

A. The employer/insurer shall record lost wages so that a First Report of Occupational Injury or Illness (WCB-1) can be timely filed pursuant to this rule and §303.

B. In cases involving lost wages from a concurrent employer, the employee shall report to the insurer lost wages from the concurrent employer so that a First Report of Occupational Injury or Illness (WCB-1) can be timely filed pursuant to this rule and §303.

4. If the employee has physical limitations due to the injury and loses consecutive hours equal to a regular work day because the employer cannot accommodate those restrictions, a First Report of Occupational Injury or Illness (WCB-1) shall be filed within 7 days after an employee has actually lost hours equal to a regular work day regardless of actual wage loss.

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