Montana Workers Compensation Questionnaire

State:
Multi-State
Control #:
US-Q1038
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important matters that may effect the legal rights and obligations of the parties in a workers' compensation matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

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.

Wage loss benefits under Montana workers' compensation Temporary total disability (TTD). 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.

$11.3 million workers comp settlement for an injured nanny (California) In 2018, a 29-year-old woman working as a nanny in Los Angeles suffered a catastrophic brain injury while accompanying her employers on a ski trip in Colorado to take care of their five-year-old son.

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Montana Workers Compensation Questionnaire