Workers Compensation in Montana
A workplace injury can change everything in an instant. One moment, you’re focused on your job, and the next, you’re in pain, unable to work, and wondering how you’ll cover your medical bills and lost wages. The uncertainty can feel overwhelming.
Workers’ compensation is in place in Montana to help injured workers by covering medical expenses, providing financial assistance during recovery, and even offering job retraining if you can’t return to your previous role.
However, securing these benefits isn’t always as simple as it should be. This guide outlines how workers’ compensation works in Montana, the steps you should take after an injury, and why having legal representation can help protect your claim and maximize your benefits.
Workers Compensation Statistics in Montana?
Workplace injuries remain a challenge for Montana workers. In 2023, private-sector employers reported approximately 11,200 nonfatal workplace injuries and illnesses, with an incidence rate of 3.1 cases per 100 full-time employees—higher than the national average.
Certain industries in Montana experience more workplace injuries than others:
- Construction: A high-risk sector with an injury rate of 4.0 per 100 workers, often due to falls, machinery accidents, and heavy lifting.
- Healthcare and Social Assistance: With an incidence rate of 4.4 per 100 employees, common injuries include strains from lifting patients and repetitive motion injuries.
- Forestry, Agriculture, and Mining: These physically demanding industries see frequent injuries from equipment malfunctions, heavy lifting, and hazardous work conditions.
The most common workplace injuries in Montana include:
- Falls from Heights and Slips: Especially common in construction and outdoor work environments.
- Muscle Strains and Overexertion: Caused by repetitive tasks or lifting heavy objects.
- Machinery-Related Injuries: Occurring in manufacturing, agriculture, and mining, often due to equipment malfunctions or safety failures.
How Does Workers Comp Work in Montana?
Montana’s workers’ compensation system is designed to help employees who suffer job-related injuries or illnesses. To qualify, your injury must be directly related to your work duties or workplace environment.
The circumstances surrounding the incident that led to the injury are crucial. The injury had to occur during your regular work duties.
Montana’s Department of Labor & Industry stipulates employers with one or more employees must have workers’ compensation coverage. However, there are employee exceptions such as domestic workers. If the employer is uninsured, an employee can still seek benefits from Montana’s Uninsured Employers Fund.
Regardless of fault, injured workers can receive medical benefits and temporary and permanent disability benefits. You have the right to choose your initial treating doctor. However, once your claim is accepted, the adjuster can select a different doctor.
Get Medical Attention
After a workplace injury, getting medical attention should be your priority. Not only does it ensure your health and safety, but it also creates a medical record linking your injury to your job—an essential piece of evidence for your workers’ compensation claim.
In Montana, your employer’s insurance provider has the right to choose your initial treating physician. However, after 30 days, you may be able to switch to a doctor of your choice, depending on your employer’s insurance policy.
Even if your injury appears minor, don’t wait to seek medical treatment. Some conditions, such as repetitive strain injuries or exposure-related illnesses, can take time to develop and worsen without proper care.
Keep detailed records of every medical appointment, prescription, and therapy session. These documents will be critical if your claim is disputed or if you require additional benefits.
File a First Report of Injury
Once you’ve received medical care, notifying your employer about your injury is the next crucial step. Montana law requires you to report your injury within 30 days of the incident. Failing to meet this deadline could jeopardize your ability to receive benefits.
Your employer is responsible for filing a First Report of Injury (FROI) with their insurance carrier and the Montana Department of Labor & Industry’s Workers’ Compensation Division. This report must include:
- The date, time, and location of the injury.
- A detailed description of how the injury occurred.
- Information about the medical care received.
Once submitted, the insurance carrier will investigate your claim and determine eligibility for benefits. You may also be required to attend an Independent Medical Examination (IME) if your injury is disputed.
Montana imposes a one-year statute of limitations for filing a formal workers’ compensation claim. Failing to act within this timeframe could prevent you from receiving benefits.
Montana’s Department of Labor & Industry cites disability benefits equal to 66 ⅔% of gross wages. However, no compensation may be paid for the first 32 hours or 4 days of wage loss, whichever is less.
You are eligible for payment starting with the 33rd hour or 5th day of wage loss. If you are unable to work for 21 days or longer, compensation may be paid retroactively to the first day of total wage loss.
Why You Should Hire a Workers’ Compensation Lawyer
While Montana’s workers’ compensation system is designed to help injured workers, the process is often complicated by claim disputes, delays, and denials. Insurance companies frequently attempt to limit payouts or challenge the severity of injuries.
A workers’ compensation attorney can help you:
- File your claim correctly to avoid unnecessary delays or denials.
- Negotiate with insurance providers to ensure you receive the maximum benefits.
- Represent you in hearings before the Montana Workers’ Compensation Court if disputes arise.
- Advocate for additional compensation, such as permanent disability benefits or vocational retraining.
If your claim is denied or your benefits are cut off prematurely, an attorney can help you fight back and secure the compensation you deserve.
Work With an Experienced Local Lawyer in Montana
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across Montana state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
There are still other areas of law in Montana that could affect your case. Check out more details on the other articles on our site.
