If you are injured or become sick while at work in Montana, you are normally covered for any financial cost by Montana workers’ comp. laws. This may sound very straightforward, as if it’s a certainty that you will both be paid while at home recovering and that your medical costs are covered. Even though your employer in most cases is required to take out workers’ comp. insurance this doesn’t mean the insurer is eager and ready to foot the bill and may deny part, or all, of your claim. Before you file your workers’ comp. claim, it’s useful to talk over your situation with a workers’ comp. attorney first. Workers’ Comp. Law in Montana All employers must take out workers' compensation insurance either through a private insurer, the Montana State Fund, or through become self-insured. Workers’ comp. law in Montana allows anyone who was injured or who has fallen sick at work to be eligible for workers’ comp. regardless of who was to blame. There are certain requirements that deem you eligible for workers’ comp. This includes ensuring you report any illness or injury to your employer within thirty days of its occurrence. You have 12 months to file your claim with your employer and its insurer, or the Department of Labor and Industry--the agency which oversees workers’ comp. in Montana. You are entitled to reasonable care to either cure or reduce the affects of the illness or injury. There are various levels of disablement, including temporary total disability, temporary partial disability, permanent partial disability and permanent total disability. All of these attract a wages compensation which is typically on average two thirds of the average weekly earnings. The insurer is given the right to select the treating doctor on behalf of the employer. How a Workers’ Comp. Claim Can be Denied Despite workers’ comp. laws in Montana being quite clear-cut, insurers often find any excuse not to pay what is rightfully yours. There are a number of reasons for a workers’ comp. denial such as: Failing on your part to file your claim on time Incomplete information on the application form Illegible writing on the application form leading to a wrong administrative decision Failing to detail correctly medical costs The injury or sickness occurred outside work. Fortunately, if you think your workers’ compensation shouldn’t have been denied, Montana allows you to appeal the decision as long as you follow the rules. Often with a bit of discussion with your employer and insurer, any issues doubting your eligibility for a workers’ comp. claim can be resolved. However, there are times when this is not the case and appealing will be the only way you can be more sure of getting a favorable outcome to your claim. How the Workers’ Comp. Appeals Process Works in Montana If you have received a notice saying your workers’ comp. claim has been denied or the amount you have been awarded is inadequate, you may ask the Employment Relations Division for mediation. This can be arranged so that an impartial mediator is present at the discussions between you and your employer’s insurer. This is a confidential meeting and there is no requirement that an agreement must be reached. If an agreement is not reached, either party may file a claim through the Workers' Compensation Court. Even though you don’t need an attorney and you may represent yourself, it may be wise to hire a workers’ comp. attorney. The Reasons for Hiring a Worker’s Comp. Attorney The workers' compensation procedures can be both confusing and time-consuming but it’s important you get the compensation you deserve. Compensation will allow you to receive the best medical treatment and you will not be financially disadvantaged due to a sickness or injury that occurred at work. A workers' compensation attorney can take the pressure off the appeal’s process and his or her experience can ensure you get the workers’ comp. you are entitled to. Montana allows a free evaluation of your claim so you don’t need to pay any fee to the attorney but you get the information to determine whether your workers’ comp denial appeal is likely to be successful.
