Subject: CONSTRUCTION CONTRACTORS-IMPORTANT CHANGE IN WORKERS' COMPENSATION LAWS
CONSTRUCTION CONTRACTORS—IMPORTANT CHANGE IN WORKERS’ COMPENSATION LAWS
The Maine Legislature passed, and, today, Governor Baldacci signed, important legislation to simplify the predetermination application process for construction subcontractors.
L.D. 1815, "An Act To Clarify the Construction Subcontractor Status of the Maine Workers' Compensation Act of 1992," is emergency legislation so it is effective today, March 30, 2010.
Pursuant to the new law:
* Construction subcontractors can apply to the Workers’ Compensation Board by themselves for a “predetermination” that they are independent.
* Approved predeterminations for construction subcontractors are valid for one year from the date granted.
* Construction subcontractor predeterminations are “portable”— only the construction subcontractor applies and, if approved, the construction subcontractor will receives a certificate they can present to any hiring agent they work for during the year.
* Use of the predetermination process remains voluntary pursuant to the Workers’ Compensation Act.
* Predeterminations are “rebuttable”; construction subcontractors can still file claims for benefits. Approved predeterminations can be used by hiring agents as evidence that the subcontractor was not an employee.
The new Predetermination form is available on the Board’s website at: http://www.maine.gov/wcb/ConstructionSubcontractor.html
Questions can be directed to: Bernie Bean at 207-287-7071.
See the Proposed Bill below:
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Contacts for Labor Committee
Troy Dale Jackson, Chair (D-Aroostook)
Stan Gerzofsky (D-Cumberland)
Peter Mills (R-Somerset)
John L. Tuttle, Jr., Chair (D-Sanford)
Herbert E. Clark (D-Millinocket)
Timothy E. Driscoll (D-Westbrook)
Anna D. Blodgett (D-Augusta)
Steven J. Butterfield II (D-Bangor)
Paul E. Gilbert (D-Jay)
Andre E. Cushing III (R-Hampden)
James Michael Hamper (R-Oxford)
Michael D. Thibodeau (R-Winterport)
Bruce A. Bickford (R-Auburn)