MONTANA CIVIL LITIGATION AND WORKER’S COMPENSATION LAW
By definition, workers compensation is a type of insurance offered to employees in cases of accidents that results to injuries and disabilities acquired while at work. It is a system decreed by the government to pay monetary benefits to workers who become disabled or injured during the course of employment.
Who is qualified for worker’s compensation benefit in Montana?
In Montana, this law stringently imposed to every employer doing business. Regardless if the employee is working full time, seasonal, part time, or occasional, employers are entitled to have this financial benefit.
Also, whether the employee sustained either occupational illnesses (e.g. exposure to asbestos, neck strain, carpal tunnel syndrome, etc.) or traumatic injuries such as broken bones from slip and fall, they are all eligible to get worker’s compensation benefits.
What should you do when you got injured at work?
The very first thing to do after getting injured while at work is to report your injury to your employer as soon as possible while seeking medical attention. Your injury report should not exceed 30 days from the date of your accident. Another document that you need to accomplish is First Report of Injury or Occupational Disease Formand should be given to your employer, the insurance company, or the Montana agency that supervises workers’ compensation (Montana Department of Labor and Industry). The said form should filed within a year or else your benefits will be forfeited.
Despite meeting the said deadlines, there are still chances that your claim may be denied. Partnering with a professional Billings Workers Compensation Attorney can bring you lots of help during the appeal process which occurs before a special Workers’ Compensation Court, to present the strongest possible argument in your case. You risk losing benefits if you do not take action, so the earlier you comply with the requirements and asking help with the right people can make a lot of difference.
How much can I expect to get from my workers compensation claims?
Montana law requires that injured workers approved for workers’ compensation benefits receive two-thirds of their average weekly income, up to a limit set by the state (currently $819/week). How much you are paid depends upon whether or not you are permanently disabled as well as if the disability is partial or total. For example, the maximum weekly payment for someone who is on permanent partial disability is $409.50. Getting the money you need to supplement lost income is imperative, and your Billings Workers Compensation Lawyer will work to see that the proper disability designation is applied to your case and that the benefit amount is correctly calculated.
What other workers compensation benefits can I receive?
Aside from medical benefits, you are also qualified to receive disability benefits to which the amount and timeframe you will continue to receive the said benefits will vary depending on how your injuries and how it made an impact to your functional capacity to work.
Workers’ compensation coverage includes rehabilitation services for those with permanent disabilities so they may get retrained to work in another field. Certain requirements must be met to qualify, and you know what doctors and insurance companies expect to see before they will approve this service.
Death Benefits for Deceased Workers while at work
Unfortunately, some workers die from their injuries, and their family is often left with substantial bills and a deep sense of loss. Workers’ compensation policies in Montana offer death benefits to immediate family members who relied on the deceased for financial support. The benefit is similar to the wage replacement given to workers on total temporary disability, subject to the same legal limit. Qualifying and determining which family members are entitled to death benefits can be complicated, and we will give you the information you need to make an informed decision.
Dedicated Worker’s Compensation Lawyer to work hard and fight for your case
At Joe Frick Law, PLLC in Billings, we have been assisting employees throughout Montana with workers’ compensation claims and related issues since 2013. Whether you need to collect lost wages, appeal a denial of coverage or request survivor’s benefits for family members of a deceased worker, we are committed to building the strongest possible case and keeping you informed throughout the process. Give us a call now at 406-272-4493 or send us a message online to schedule a free consultation in our Billings Office.