Montana Workers' Compensation: Fast Facts

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Coverage Requirements Under Montana State Law

According to state law, every Montana business with employees must have workers' compensation insurance. However, some workers are automatically exempt from this insurance coverage requirement; see our list below.

Work-Related Injury or Illness Reporting Requirements

Notify your employer in writing immediately about your work-related illness or injury as soon as possible. You must report it within 30 days or else risk losing your right to claim Montana workers' compensation benefits.

Where to Seek Medical Care

You go to the nearest ER, hospital, clinic, or see your own doctor for initial medical treatment. However, your employer's insurance company has the right to choose a different provider for ongoing medical care. After your first visit to an ER or hospital, you must pay $25 for a second emergency room visit.

Waiting Period for Lost-Wage Benefits in Montana

Your first 32 hours OR 4 days off work after your incident are always unpaid (whichever one is less). Once you're off for 21 days recovering from your illness or injury, your employer's insurer covers those first 4 days. If you don't need at least 5 days off work to recover, then workers' compensation only pays your medical bills. Your payments must begin within 30 days after you report your injury or illness to your employer.

Montana Workers' Compensation Statute of Limitations

You have one year from your work injury or illness diagnosis date to file your Montana workers' compensation claim.

Montana Weekly Compensation Rate

You can receive 66 2/3% of your gross average weekly wage, subject to the state's maximum and minimum benefit amounts.

How Long You Can Receive Montana Workers' Comp Benefits

  • Medical benefits: unlimited for up to 60 months (5 years)
  • Death benefits: $4,000 for funeral and burial expenses plus weekly TTD payments for up to 500 weeks or until the surviving spouse remarries
  • Temporary Total Disability (TTD): until you return to work in any capacity or reach maximum medical improvement
  • Permanent Partial Disability (PPD): for no more than 400 weeks calculated as a percentage based on the injured worker's impairment or loss
  • Temporary Partial Disability (TPD): 2/3 the difference between your pre-injury and post-injury AWW until you can return to full earnings capacity at work, and subject to any Social Security benefit offsets
  • Permanent Total Disability (PTD): for the duration of disability or until you become eligible for Social Security retirement benefits

Montana Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Montana workers' comp coverage:

  • Casual employees
  • Direct sellers working on commission in insurance, real estate, or securities jobs
  • Domestic workers performing services in a private household
  • Federal employees
  • Independent contractors that don't self-insure or have a state-issued exemption certificate (i.e., licensed barbers and cosmetologists, photographers, and freelance writers paid by the article)
  • Individuals working at jobs that operate solely within the boundaries of Indian reservation territories
  • Jockeys and some officials working at athletic events
  • Newspaper carriers
  • Ordained ministers working for a church or members employed by a religious order
  • Petroleum land workers
  • Some sole proprietors, corporate officers, LLC members, and partners

Montana Workers' Compensation Attorney Fees

All Montana workers' compensation attorneys work on contingency. This means you only pay legal fees if you're successful. If you don't win, then you pay your workers' comp lawyer nothing. According to Montana law, your attorney can charge legal fees totaling no more than:

  • 20% of your award if you settle out of court
  • 25% of your award if your claim goes to trial and you win