Why was my claim denied?

Common reasons include late notice to employer, disputes over whether the injury is work-related, pre-existing condition arguments, and missed deadlines [§ 39-71-601].

How long does the appeal process take?

Timelines vary by case complexity and hearing office backlog. Appeals to higher courts can take longer.

Should I get an attorney for a denied claim?

Strongly recommended. Denied claims involve complex medical and legal issues, and an experienced attorney can navigate the dispute resolution process effectively.

Topic guideUpdated 2026-02-27

Denied Workers' Comp Claims in Montana — Your Options

Q: Can I appeal a denial?

Yes. Disputes handled by the Department of Labor and Industry; contested cases heard by the Workers' Compensation Court [§ 39-71-2401]. Appeal to the Montana Workers' Compensation Court, then to the Montana Supreme Court.

What to do when your Montana workers' compensation claim is denied, including dispute resolution and appeals.

Having your workers' compensation claim denied does not mean you have no options. In Montana, you have the right to challenge a denial §39-71-2401.

Common Reasons for Denial

Claims are frequently denied for these reasons:

Late notice to employer (must be within 30 days from date of injury) §39-71-603

Dispute over whether the injury is work-related

Pre-existing condition arguments

Missed medical appointments or non-compliance with treatment

Filing deadline expired (1 year from date of injury) §39-71-601

The Dispute Resolution Process

Disputes handled by the Department of Labor and Industry; contested cases heard by the Workers' Compensation Court §39-71-2401.

Appeals

Appeal to the Montana Workers' Compensation Court, then to the Montana Supreme Court.

Independent Medical Examination (IME)

Insurer may request an independent medical examination; employee must comply or risk benefit suspension §39-71-605. The IME results can significantly impact your claim.

⚠If the insurer requests an IME, you must attend. Failure to appear can result in suspension of benefits.

✓Before attending an IME arranged by the insurer, consult with an attorney. You have the right to have your own medical evidence reviewed and considered.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

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