It can be an unnerving experience having an accident while at work or developing an occupational disease. What happens if you have to get medical treatment? Who is going to pay the bills if you can’t go back to work for a while? What happens if you are permanently disabled because of an injury on the job? In most, but unfortunately not all cases, your employer should have workers’ compensation insurance to cover you if you are injured or become ill at work. This should at least pay for any medical expenses and some, but not all, of your wages if you have to stay away from your job. Employment in Montana Montana is a lightly populated state with less than a million people employed in a variety of different occupations across the state. The average hourly wage in Montana is just under 20 dollars, according to the May 2016 statistics for occupational employment held by the federal Bureau of Labor. Most of these employees should be covered by workers’ compensation but there are some that have no protection at work at all and may only recover what they lose through the help of a personal injury attorney. As in many other states, the most common occupational categories are: office work; sales; food preparation; healthcare; construction and transportation. Around half of all employees in Montana are employed in just these five occupations alone. Workers’ Comp Rules for Montana Employers Nearly every employer in Montana has to take out workers’ compensation insurance to protect their employees from workplace accidents and illnesses. There are very few exceptions. The requirement to have insurance does not depend on the number of employees, whether they are working for the employer part-time or full-time, or whether they are temporary or permanent. There are benefits to the employer to have insurance of this type, rather than public liability. It protects the employer from being sued by an employee privately. Private lawsuits that are filed because an employer does not have insurance can be much more costly than being insured. In addition, an uninsured employer may face fines and other penalties. Montana is a little unusual in that employers can choose to acquire insurance from the state through the Montana State Fund, which is a competitively priced publically owned company providing workers’ compensation insurance. For workers who have employers that are uninsured there is the Uninsured Employers Fund. This is controlled by Montana’s Department of Industry and is intended to make sure that Montana workers are able to receive compensation from their employer at an equivalent rate as if the employer was insured. The employer is penalized if it is found to be uninsured but not exempt from the responsibility to have insurance. How Does Workers’ Comp Work in Montana Montana workers' compensation pays the medical expenses and lost wages for any employee who is injured on the job. If you’re working in Montana and you get hurt, you can file a workers' compensation claim to make sure that you don’t end up paying out of pocket for any of the expenses related to your injury. When you are injured on the job, you need to do the following in order to get Montana workers’ compensation: Get Medical Help The first thing that you need to do if you get hurt on the job is get medical help. Even if you don’t think that your injury is very serious you must see a doctor. That will begin the documentation of your injury. File A Report After you get medical help make sure that you tell your supervisor about your injury. The supervisor must file a report and give you a copy. Keep Receipts Continue to get medical care for your injury as recommended by your doctor. Keep receipts for everything that you pay for related to your injury. Co-pays, doctor visits, over the counter medications or bandages, physical therapy, and anything else that you need to pay for should be documented with receipts. File A Claim File a Montana workers’ compensation claim detailing all of your out-of-pocket expenses, the wages that you lost while you couldn’t work, and any other costs related to your injury. Negotiate With Insurance Company Once you file a Montana workers’ compensation claim you can start negotiating with the insurance company to get a final settlement. Getting Legal Help If you have been injured or have developed an occupational illness but are worried that your employer is uninsured or is stalling on workers’ comp. you should talk to an experienced workers’ comp attorney about your situation. There is provision for compensation in Montana if your employer does not have the correct insurance or in fact any insurance at all. The attorney can advise you about your rights and what your legal options are.
