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ME
Maine · workplace

Workplace settlements
in Maine.

By 6 min read

Maine applies modified-50 comparative fault with a six-year statute of limitations — the longest of any US jurisdiction. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Maine's modified comparative — 50% bar and any applicable statutory cap.

Maine applies modified comparative negligence with a 50% bar. For workplace claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects workplace settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.

Workplace injuries in Maine run on a parallel track to general tort recovery: workers' compensation is the primary remedy against the employer, with third-party tort claims (against a contractor, equipment manufacturer, or non-employer driver) layered on top. Maine's caps (wrongful death cap) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.

ME · statute of limitations
6 years for personal injury — longest in the US

14 M.R.S. § 752

ME · fault rule
Modified comparative — 50% bar

Modified comparative — recovery barred at 50% claimant fault.

ME · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Maine.

workplace · neighbouring jurisdictions

Compare to neighbours.

How Maine's fault rule and limitation period compare to other US jurisdictions for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Maine · you are hereModified comparative — 50% bar6 years for personal injury — longest in the US
AlabamaPure contributory negligence2 years from date of injuryAL · workplace
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · workplace
DelawareModified comparative — 51% bar2 years from date of injuryDE · workplace
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · workplace
HawaiiModified comparative — 51% bar2 years from date of injuryHI · workplace
ME · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Maine's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Maine. See /methodology, /sources, and /disclaimer.