In New Hampshire, an ordinary commute usually stays outside workers' compensation. In Maine, a crash while making a delivery, driving between job sites, or running an employer errand is usually treated very differently.

From the insurer's perspective, the message is simple: put it through private health insurance, say the deer made it a "personal accident," and keep it off the workers' comp file. That saves the workers' comp carrier money and keeps the employer's claim history cleaner.

Reality: if your brother was working when the crash happened - for example, driving a delivery route through Brunswick, Route 1, or I-295 during fall deer movement - Maine workers' compensation can cover it even though no one was "at fault." Deer strikes, black ice, and nor'easter road conditions do not cancel coverage if the trip was work-related.

What he is entitled to in Maine:

• Medical treatment paid through workers' comp, not forced onto his own health plan
• Lost-wage benefits if a doctor takes him out of work long enough to qualify
• Mileage reimbursement for covered medical travel
• The right to pursue a separate claim against a third party if another vehicle contributed, such as a delivery van or FedEx truck

The employer cannot lawfully erase a work injury by telling him to "just use your own insurance." Maine employers are required to secure workers' compensation coverage, and the claim is reported to the Maine Workers' Compensation Board. An injured worker should give notice quickly; Maine's formal notice deadline is generally 30 days. The usual outside deadline to file a petition is 2 years from the injury.

If his health insurer pays first, that does not usually destroy the workers' comp claim. It usually means the health insurer may later seek reimbursement once the work claim is accepted.