An Act To Improve Collection of Information about Work-related Injuries and To Enhance Injury Prevention Efforts
Maine Legislature, Session 121, LD 0398
Committee: Labor
Sponsors: EDMONDS, HATCH, BRYANT, STANLEY, DUPLESSIE, HUTTON, JACKSON
Amends: 39-A MRSA §303, 39-A MRSA §401

Legislative Document 
No. 398 
S.P.135 
In Senate, January 30, 2003 
An Act To Improve Collection of Information about Work-related 
Injuries and To Enhance Injury Prevention Efforts 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator EDMONDS of Cumberland. 
Cosponsored by Representative HATCH of Skowhegan and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRYANT of Oxford, STANLEY of Penobscot, Representatives: DUPLESSIE of 
Westbrook, HUTTON of Bowdoinham, JACKSON of Fort Kent. 
Printed on recycled paper 
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. *Re 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, 
or 
215, 
unless 
a 
wage 
statement has previously been filed with the board. 
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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. 
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~Re-~~~~-~ese--a--day-'-s--weFlh 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 re~uired 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 re~uires, 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. 
Page l-LR0444(1) 
Sec. 2. 39-A MRSA §401, sub-§5-A is enacted to read: 
A. 
Working 
group 
on 
data 
collection 
and 
injury 
prevention. 
The Department of Labor, Bureau of Labor Standards 
shall convene a working group beginning not later than October 1, 
2003 to evaluate data on work-related injuries and identify ways 
to reduce the 
incidence of such injuries. 
The bureau shall 
include 
in 
the 
group 
representatives 
of 
the 
board, 
labor, 
employers, 
occupational 
health practitioners, 
safety experts, 
insurers 
and 
others 
that 
the 
bureau 
considers 
useful 
and 
necessary to the group. 
The group shall review existing data 
collection efforts and the structure within State Government for 
evaluating 
and 
improving 
injury 
prevention 
efforts 
in 
the 
workplace. 
The 
group 
shall 
identify 
ways 
to 
improve 
data 
collection, 
analysis 
and 
injury 
prevention 
programs 
in 
the 
State. 
The bureau shall report the recommendations of the group 
by January 1, 2005 and January 1, 2006 to the Governor and to the 
joint standing committees of the Legislature having juriSdiction 
over labor matters and over insurance matters. 
Those committees 
are authorized to report out legislation in response to the 
recommendations 
to 
the 
First 
Regular 
Session 
of 
the 
122nd 
Legislature 
and 
the 
Second 
Regular 
Session 
of 
the 
122nd 
Legislature. 
The 
bureau may continue the group as long as it 
considers such a group useful in understanding the causes and 
promoting prevention of work-related injuries in the State. 
Sec. 3. Effective date. 
Section 1 of this Act takes effect 
January 1, 2004. 
SUMMARY 
Under current Maine law, an employer is required to report a 
work-related injury to the Workers' Compensation Board only if 
the injury causes the employee to lose a day's work. 
To provide 
more 
complete 
information 
on 
the 
incidence 
of 
work-related 
injuries, this bill adds 
a 
requirement that any injury that 
requires medical care also be reported to the board. 
The bill 
places the ultimate responsibility for timely and accurate filing 
of first reports of injury on insurers, self -insurers and group 
self-insurers. 
The bill also requires insurers, self-insurers and group 
self-insurers to file injury reports electronically. 
Currently, 
at least 1/2 of first injury reports are filed electronically. 
Finally, the bill requires the Department of Labor, Bureau 
of Labor Standards to convene a working group to develop a plan 
to use information about work-related injuries to identify the 
causes of such injuries and find ways 
to prevent them 
from 
occurring. 
The working group is directed to review information 
from first injury reports, identify additional information needed 
and identify ways to improve injury prevention programs in the 
State.