Montana Workers' Compensation Guide — Benefits, Claims & Rights
Workers' compensation coverage, benefits, filing deadlines, and dispute resolution in Montana.
Workers' compensation is a no-fault system — you do not have to prove your employer was negligent to receive benefits. But the process still requires specific steps in a specific order: reporting the injury, filing a formal claim, and getting treatment through authorized providers. If the insurer disputes your claim, the process shifts to hearings and appeals. Acting quickly matters, because most states impose strict deadlines for reporting and filing.
Who Is Covered?
Montana requires workers' compensation insurance for all employers with 1 or more employees, except statutorily exempt employments (e.g., household or domestic, casual, sole proprietors) unless the employer elects coverage and an insurer allows the election §39-71-401. The Exclusive remedy doctrine means that in most cases, workers' comp is your sole remedy against your employer for workplace injuries §39-71-411.
Key Deadlines
Benefit Overview
Workers' compensation in Montana provides several categories of benefits:
| Description | |
|---|---|
| Temporary Total Disability (TTD) | 66.67% of average weekly wage; Until MMI; no fixed maximum duration §39-71-701 |
| Permanent Partial Disability (PPD) | Yes, permanent partial disability benefits based on impairment rating §39-71-703 |
| Death Benefits | 66.67% of average weekly wage to dependents §39-71-721 |
| Medical Treatment | All reasonable and necessary medical care related to the work injury |
Medical Treatment
Employee may choose their own treating physician; insurer may designate a treating physician under managed care §39-71-1101. All reasonable and necessary medical treatment causally related to the workplace injury must be covered by the employer or insurer.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- All employers with 1 or more employees, except statutorily exempt employments (e.g., household or domestic, casual, sole proprietors) unless the employer elects coverage and an insurer allows the election
- All employers with 1 or more employees, except statutorily exempt employments (e.g., household or domestic, casual, sole proprietors) unless the employer elects coverage and an insurer allows the election
- 66.67% of average weekly wage
- Until MMI; no fixed maximum duration
- 30 days from date of injury
- 1 year from date of injury