Montana Petition For Settlement - Injury Or Occupational Disease

State:
Montana
Control #:
MT-SKU-0562
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PDF
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Petition For Settlement - Injury Or Occupational Disease

Montana Petition For Settlement — Injury Or Occupational Disease is a type of legal document that is used when an employee is seeking compensation for an injury or occupational disease they have suffered as a result of their employment. It is a part of the Montana Workers’ Compensation Act and is the first step in a formal dispute resolution process. The petition must be filed with the Montana Department of Labor and Industry within one year of the injury or occupational disease and can be used to seek compensation for medical expenses, lost wages, and/or permanent disability. There are two main types of Montana Petition For Settlement — Injury Or Occupational Disease: those for injuries suffered in the course of employment and those for occupational diseases.

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FAQ

Division of Workers' Compensation (DWC)

What is workers' compensation? A. If you have a work-related injury or illness, your employer is required by law to pay for workers' compensation benefits.

You may receive weekly compensation of 66 2/3 percent of your wages at the time of injury ? up to the maximum rate (see chart below).

Subsequent injury in relation to a prior injury means an injury or disease that is an aggravation, acceleration, exacerbation, deterioration or recurrence of the prior injury.

SIBTF benefits are intended to provide compensation ?for the remainder of the combined permanent disability existing after the last injury.? This amount is often reduced by the amount of compensation that the injured worker has received for the pre-existing disability (with some exceptions).

I can tell you that if you are 100% disabled in your SIBTF case, you get paid 66% of your earnings which is the same rate of pay when you received temporary disability (TD) from work comp while out of work and recovering from your work injury.

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 Subsequent Injuries Benefits Trust Fund (SIBTF) is a source of additional compensation to injured workers who already had a disability or impairment at the time of injury.

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Montana Petition For Settlement - Injury Or Occupational Disease