Filing a Worker’s Compensation Claim in Montana:
Ask your employer for a copy of the claim form to report a work injury or illness to your employer. Many state workers compensation agencies have a standardized claim form as well. Follow the instructions on the form, complete the "employee" section" and sign and date it. Make sure you keep a copy for your records. The employer will fill out the "employer" section. You can submit the form to your employer in person or by mail, but if you use mail it is usually recommended to send it by certified mail (return receipt requested) so you have a record of the date it was mailed and received.
Montana Worker’s Compensation Treatment:
State workers' compensation systems establish technical and often tricky rules in this area. Often, you have the right to ask for another doctor at the insurance company's expense if you clearly state that you don't like the one the insurance company provides, although there is sometimes a waiting period before you can get a second doctor. Also, if your injury is serious, you usually have the right to a second opinion. And in some states, after you are treated by an insurance company's doctor for a certain period (90 days is typical), you may have the automatic right to transfer your treatment to your own doctor or health plan, while the worker's compensation insurance company continues to pay the bill. Because the insurance company is paying, don't hesitate to go to a doctor who specializes in your injury or illness -- even if the cost is great.
To understand your rights, get a copy of your state's rules or, if necessary, research your state workers' compensation laws and regulations in the law library.
Montana Worker’s Compensation Benefits:
A claimant copayment of twenty percent of the cost of each subsequent visit to a provider (up to ten dollars) and twenty-five dollars for each subsequent visit to a hospital emergency department for treatment is required, unless the employee uses the managed care or preferred provider organization (PPO) requested by the insurer. Unless the employee is subject to a certified managed care plan, initial choice of physician is made by the employee.
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability, or until the worker is released to resume the worker's pre-injury job or similar employment. Benefits are subject to Social Security benefit offsets.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability, or until the worker is eligible for full Social Security retirement benefits or equivalent benefits. Benefits are subject to Social Security benefit offsets.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability, or until the worker is eligible for full Social Security retirement benefits or equivalent benefits. Benefits are subject to Social Security benefit offsets.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment. Payments for PPD may continue for up to 350 weeks.
Benefits may be available for serious disfigurement of the face, head, or neck.
Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.
Montana Worker’s Compensation Contact Information:
Jerry Keck, Administrator
Employment Relations Division
Department of Labor and Industry
1805 Prospect Avenue
P. O. Box 8011
Helena, MT 59604-8011
(406) 444-1555 (406) 444-1555
(Contact: Diana Ferriter)
NOTICE: These questions and answers concern Montana law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.
