Montana Checklists - Worker's Compensation Claims

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Workers' Compensation Laws are laws passed by state legislatures that compensate employees for work-related injuries or illnesses. Any employee injured on the job within the scope of his employment is entitled to workers' compensation benefits. This is true even if the employee was injured because of his own negligence or for failure to follow the instructions of his employer. Self inflicted injuries are not covered. Benefits include medical expenses, lost wages, and death benefits. Most employers have insurance to cover these benefits. If they don't have insurance, they still have to pay benefits.

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FAQ

If you're hurt at work, you usually have 1 year from the date of the injury to file your claim, or 2 years if you weren't aware of the injury or suffered a latent injury.

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.

A claim for workers' compensation benefits may be submitted by the employee, or by a personal representative if the employee is unable to submit the claim. Accident or injury claims must be submitted to the insurer within 12 months from the date of the accident.

A. Per section 39-71-317 MCA, an employer may not use as grounds for terminating a worker the filing of a claim under the Workers' Compensation Act. The district court has exclusive jurisdiction over disputes concerning the grounds for termination under this section.

In Montana, work comp may be obtained in three ways: self-insurance, private company, or from Montana State Fund. Work comp is solely funded by premiums paid by employers based on the amount of payroll they pay in the various job categories or class codes. Each class code has a work comp rate associated with it.

In Montana, work comp may be obtained in three ways: self-insurance, private company, or from Montana State Fund. Work comp is solely funded by premiums paid by employers based on the amount of payroll they pay in the various job categories or class codes. Each class code has a work comp rate associated with it.

Wage loss benefits under Montana workers' compensation You have a temporary total disability if you're unable to return to the same or similar job for a specific period of time. You'll receive exactly two-thirds (66%) of your gross wages at the time of injury, up to the cap.

Exempt Employments The most common employments that are exempt are: Sole proprietors, working members of a partnership, working members of a limited liability partnership and working members of a member-managed limited liability.

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Montana Checklists - Worker's Compensation Claims