Maine Revised Statutes Title 39-A Sec. 408 – Waiver of right of action; minors
Current as of: 2023 | Check for updates
|
Other versions
Except as provided in subsection 2, an employee of an employer who has secured the payment of compensation as provided in sections 401 to 407 is deemed to have waived the employee’s right of action at common law and under section 104 to recover damages for the injuries sustained by the employee. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1. Legally employed minors. A minor is deemed sui juris for the purpose of this Act if the minor’s employer was not in violation of Title 26, section 771, 772 or 773?A at the time of the minor’s injury. No other person has any cause of action or right to compensation for an injury to that minor employee except as provided in this section.
[PL 2017, c. 286, §11 (AMD).]
Terms Used In Maine Revised Statutes Title 39-A Sec. 408
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee: includes officials of the State and officials of counties, cities, towns, water districts and all other quasi-public corporations of a similar character, every duly elected or appointed executive officer of a private corporation other than a charitable, religious, educational or other nonprofit corporation, and every person in the service of another under any contract of hire, express or implied, oral or written, except: (1) Persons engaged in maritime employment or in interstate or foreign commerce who are within the exclusive jurisdiction of admiralty law or the laws of the United States, except that this section may not be construed to exempt from the definition of "employee" a person who is employed by the State and is thereby barred by the State's sovereign immunity from bringing a claim against that person's employer under admiralty law or other laws of the United States for claims that are otherwise cognizable under this Act;(2) Firefighters, including volunteer firefighters who are active members of a volunteer fire association as defined in Title 30?A, section 3151; volunteer emergency medical services persons as defined in Title 32, section 83, subsection 12; and police officers are employees within the meaning of this Act. See Maine Revised Statutes Title 39-A Sec. 102
- employer: includes :
A. See Maine Revised Statutes Title 39-A Sec. 102- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Statute: A law passed by a legislature.
2. Illegally employed minors. A minor is not deemed to have waived the minor’s right of action at common law and under section 104 if the minor’s employer was in violation of Title 26, section 771, 772 or 773?A at the time of the minor’s injury.A. The minor employee, the minor’s parent or guardian or any other person, as permitted by common law or statute, may file a civil action permitted under this subsection. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]B. The minor employee is entitled to compensation under this Act in addition to any right of action permitted under this subsection. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]C. If the employer is self-insured for liability under this Act, any award received by the minor in an action permitted under this subsection must be reduced by the amount of compensation received under this Act. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]D. If the employer is insured for liability under this Act, the employer is considered a 3rd party under section 107, and the employer’s insurer is entitled to all rights of subrogation, contribution or other rights granted to an employer under section 107. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).][PL 2017, c. 286, §11 (AMD).]
SECTION HISTORYPL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2017, c. 286, §11 (AMD).