Montana Petition For Hearing (Injury)

State:
Montana
Control #:
MT-SKU-0559
Format:
PDF
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Description

Petition For Hearing (Injury)

A Montana Petition For Hearing (Injury) is a legal document used to initiate an administrative hearing for a worker's compensation claim. This type of petition is typically filed by an injured worker with the Montana State Department of Labor and Industry in order to seek a hearing on the amount of benefits they are due to receive. The petition must include the name of the injured worker, the date of the injury, a description of the injury, and a request for a hearing to determine the amount of benefits due. Depending on the nature of the injury, there may be multiple types of Montana Petition For Hearing (Injury) available, such as Permanent Partial Disability, Temporary Total Disability, Permanent Total Disability, Death Benefits, and Medical Payments.

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FAQ

Established in 1973, Montana's Subsequent Injury Fund assists persons with disabilities to become employed by offering a financial incentive to employers who hire certified workers. To be considered a "person with a disability," an employee must become certified with the Subsequent Injury Fund.

The Employer's First Report of Injury or Illness provides information on the claimant, employer, insurance carrier and medical practitioner necessary to begin the claims process. Details of the claimant's employment and circumstances surrounding the injury or illness are also requested.

When applying for workers' compensation in Montana, timing is important. First, an injured employee must report an accident to their employer within 30 days. Then, Montana law requires employers to file a First Report of Injury (FROI) form within 6 days of being notified by the injured worker.

Form ERD-991 First Report of Injury or Occupational Disease (FROI). (click link above) Employees must submit a written and signed First Report of Injury (FROI) within 12 months from the date of their accident or occupational disease. They can submit this form to you, EMPLOYERS or the Department of Labor and Industry.

Montana requires every employer to provide their employees with workers' compensation insurance.

We recommend reporting the injury online. If you are unable to report online, call us at 800-332-6102 and a Customer Service Specialist will complete the First Report of Injury form with you over the phone.

The Form 43 is to be completed by the respondent (employer/workers' compensation insurance carrier) to notify the Administrative Law Judge, the claimant (employee/decedent), and all parties to the claim of its intention to deny the compensability of all or part of the claimant's claim to workers' compensation benefits.

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Montana Petition For Hearing (Injury)