An Act To Fairly Compensate for Fatal Accidents under the Maine Workers' Compensation Act of 1992
Maine Legislature, Session 129, LD 1253
Committee: Labor and Housing
Sponsors: SYLVESTER
Amends: 39-A MRSA §215

Legislative Document
No. 1253
H.P. 914
House of Representatives, March 14, 2019
An Act To Fairly Compensate for Fatal Accidents under the Maine 
Workers' Compensation Act of 1992
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  39-A MRSA §215, sub-§1, as amended by PL 2011, c. 647, §12, is 
further amended to read:
1.  Death of employee; date of injury prior to January 1, 2013.  If an injured 
employee's date of injury is prior to January 1, 2013 and if death results from the injury of 
the employee, the employer shall pay or cause to be paid to the dependents of the 
employee who were wholly dependent upon the employee's earnings for support at the 
time of the injury a weekly payment equal to 80% of the employee's after-tax average 
weekly wage, but not more than the maximum benefit under section 211, for a period of 
weeks from the date of death.  If the employee leaves dependents only partially 
dependent upon the employee's earnings for support at the time of injury, the employer 
shall pay weekly compensation equal to the same proportion of the weekly payments for 
the benefit of persons wholly dependent, as 80% of the amount contributed by the 
employee to such partial dependents bears to the annual earnings of the deceased at the 
time of injury.  If, at the expiration of the 500-week period, any wholly or partially 
dependent person is less than 18 years of age, the employer shall continue to pay or cause 
to be paid the weekly compensation until that person reaches the age of 18.
If a dependent spouse dies or becomes a dependent of another person, the payments must 
cease upon the payment to the spouse of the balance of the compensation to which the 
spouse would otherwise have been entitled but in no event to exceed the sum of $500.00.  
The remaining weeks of compensation, if any, are is payable to those persons either 
wholly or partially dependent upon the employee for support at the employee's death.  
When, at the expiration of the 500-week period, any wholly or partially dependent person 
is less than 18 years of age, the employer shall continue to pay or cause to be paid the 
weekly compensation, until that person reaches the age of 18.  The payment of 
compensation to any dependent child after the expiration of the 500-week period ceases 
when the child reaches the age of 18 years, if at the age of 18 years the child is neither 
physically nor mentally incapacitated from earning, or when the child reaches the age of 
years and thereafter is self-supporting for 6 months.  If the child ceases to be self-
supporting thereafter, the dependency must be reinstated.  As long as any of the 500 
weeks of compensation remain, and that compensation is payable to the person either 
wholly or partially dependent upon the deceased employee for support at the time of the 
employee's death, with the exception of a dependent spouse who becomes a dependent of 
another.  If a wholly dependent or partially dependent child who reaches 18 years of age 
is either physically or mentally incapacitated so as to be unable to earn a living as 
determined by the board, the payments must continue until such time as the child either 
dies or is no longer physically or mentally incapacitated from earning.
Sec. 2.  39-A MRSA §215, sub-§1-A, as enacted by PL 2011, c. 647, §13, is 
amended to read:
1-A.  Death of employee; date of injury on or after January 1, 2013.  If an injured 
employee's date of injury is on or after January 1, 2013 and if death results from the 
injury of the employee, the employer shall pay or cause to be paid to the dependents of 
the employee who were wholly dependent upon the employee's earnings for support at 
the time of the injury a weekly payment equal to 2/3 of the employee's gross average 
weekly wages, earnings or salary, but not more than the maximum benefit under section 
211, for a period of 500 weeks from the date of death.  If the employee leaves dependents 
only partially dependent upon the employee's earnings for support at the time of injury, 
the employer shall pay weekly compensation equal to the same proportion of the weekly 
payments for the benefit of persons wholly dependent, as 2/3 of the amount contributed 
by the employee to such partial dependents bears to the annual earnings of the deceased 
at the time of injury.  If, at the expiration of the 500-week period, any wholly or partially 
dependent person is less than 18 years of age, the employer shall continue to pay or cause 
to be paid the weekly compensation until that person reaches the age of 18.
If a dependent spouse dies or becomes a dependent of another person, the payments must 
cease upon the payment to the spouse of the balance of the compensation to which the 
spouse would otherwise have been entitled but in no event to exceed the sum of $500.00.  
The remaining weeks of compensation, if any, are is payable to those persons either 
wholly or partially dependent upon the employee for support at the employee's death.  
When, at the expiration of the 500-week period, any wholly or partially dependent person 
is less than 18 years of age, the employer shall continue to pay or cause to be paid the 
weekly compensation, until that person reaches the age of 18.  The payment of 
compensation to any dependent child after the expiration of the 500-week period ceases 
when the child reaches the age of 18 years, if at the age of 18 years the child is neither 
physically nor mentally incapacitated from earning, or when the child reaches the age of 
years and thereafter is self-supporting for 6 months.  If the child ceases to be self-
supporting thereafter, the dependency must be reinstated.  As long as any of the 500 
weeks of compensation remain, and that compensation is payable to the person either 
wholly or partially dependent upon the deceased employee for support at the time of the 
employee's death, with the exception of a dependent spouse who becomes a dependent of 
another.  If a wholly dependent or partially dependent child who reaches 18 years of age 
is either physically or mentally incapacitated so as to be unable to earn a living as 
determined by the board, the payments must continue until such time as the child either 
dies or is no longer physically or mentally incapacitated from earning.
SUMMARY
Current law limits to 500 weeks the duration of death benefits under the laws 
governing workers' compensation.  This bill removes the 500-week cap.