Montana’s workers’ compensation system provides critical protections for employees who suffer job-related injuries or occupational diseases. If you’re injured at work in Montana, you may be entitled to medical treatment, lost wage replacement, and other benefits designed to help you recover and return to work.
Who Must Carry Workers’ Comp Insurance?
In Montana, nearly all employers are required to provide workers’ compensation insurance, even if they only have one employee. This includes private employers, some nonprofit organizations, and most government agencies.
However, certain workers are excluded from coverage, including:
- Independent contractors (if properly classified)
- Household/domestic workers in private homes
- Licensed real estate and insurance agents
- Volunteers for private nonprofits (in some cases)
Some excluded individuals may opt to purchase coverage voluntarily.
What Injuries and Conditions Are Covered?
Montana workers’ comp covers most injuries and illnesses that arise in the course and scope of employment, including:
- Falls, slips, and trips
- Repetitive stress injuries
- Machinery and equipment accidents
- Vehicle-related injuries during work duties
- Occupational illnesses like respiratory diseases or chemical exposure
To qualify, the injury or disease must be directly related to job duties—not due to intoxication, horseplay, or unrelated personal conditions.
Benefits Available to Injured Workers
The Montana workers’ comp system provides the following key benefits:
- Medical Care: Full coverage for all reasonable and necessary medical treatment, including surgery, rehab, prescriptions, and mileage reimbursement.
- Temporary Total Disability (TTD): If you are unable to work temporarily, you may receive two-thirds of your average weekly wage, up to the state maximum.
- Temporary Partial Disability (TPD): If you can return to part-time or lower-paying work during recovery, you may receive partial wage-loss benefits.
- Permanent Partial Disability (PPD): Compensation for permanent impairments that don’t completely prevent you from working.
- Permanent Total Disability (PTD): Lifetime benefits for workers who can never return to any kind of employment.
- Vocational Rehabilitation: Services to help injured workers retrain or find alternative work.
- Death Benefits: For surviving family members of workers killed on the job, including funeral expenses.
Deadlines to Report and File a Claim
To preserve your right to benefits in Montana, you must:
- Report the injury to your employer within 30 days
- File a written claim with the Department of Labor and Industry within 12 months of the injury or discovery of an occupational disease
Missing these deadlines can lead to denial of benefits unless there are exceptional circumstances.
Medical Treatment Rules
Montana allows employers or insurers to designate a treating physician, although you may have limited ability to switch doctors. Medical providers must follow Utilization and Treatment Guidelines (MTUG) to ensure appropriate care.
Second opinions and independent medical exams (IMEs) may be ordered if there is a dispute about your condition or treatment.
Appealing a Denied Claim
If your claim is denied, you can:
- Request mediation with the Department of Labor’s Workers’ Compensation Mediation Unit
- Appeal the decision to the Montana Workers’ Compensation Court
Legal representation is strongly recommended for appeals or disputes over benefits.
Legal Help for Workers in Montana
You should consider hiring a workers’ compensation attorney in Montana if:
- Your claim is denied or undervalued
- You experience delays in treatment or payment
- Your employer misclassifies you as a contractor
- You are being retaliated against for filing a claim
Most attorneys offer free consultations and only get paid if you win your case.
Stay Informed and Protected
Whether you’re a construction worker in Billings or a healthcare employee in Missoula, knowing your rights under Montana’s workers’ compensation system can help you avoid costly mistakes. Act quickly, follow reporting requirements, and seek legal help when necessary to protect your health and future.