Montana workers' compensation insurance is provided to Montana workers who are injured on the job. Workers' compensation is a no-fault insurance system paying medical benefits and wage loss compensation to injured workers regardless of fault.
Montana worker's compensation or workman's compensation is a trade-off between the employer and the employee and has eliminated the right of the worker to sue for compensation by filing a personal injury claim to recover compensation.
The Montana Workers' Compensation Court administers workers' compensation in Montana. The goal of Montana's workers compensation is to provide "a fair, efficient, and effective forum for the resolution of disputes arising under the Montana Workers' Compensation Act and the Occupational Disease Act".
Workers compensation lawyers offer employees who have been injured on the job help in getting their state's exclusive, no-fault remedies. Montana workers' comp attorneys can guide Montana workers who are injured through the workers comp process and ensure they receive the medical benefits and wage loss compensation they are due.
If you have been injured and have been denied Montana work comp benefits and need help. Contact a Montana work compensation lawyer.
Work injuries which occur while the worker is engaged in normal work activities are generally covered by Montana workers' compensation. Common work injuries and occupational diseases which are covered can include: Neck injuries, Back injuries, Carpal Tunnel, Concussions, Heart attacks on the job, Strokes on the job, Amputations, Injuries from inhaling toxic chemicals, Closed head injuries, Paralysis, Burns, Spinal cord injuries, Abrasions, Electrocution, Puncture wounds, Post Traumatic Stress Disorder (PTSD), Pulmonary conditions.
You may not receive compensation if:
Workers who are injured while they are intoxicated, behaving recklessly, injured from their intentional actions to hurt themselves or other or who are not following company safety procedures may not receive workman's compensation.
Montana workers' compensation benefits can include medical benefits, temporary total disability, partial permanent disability benefits, partial total disability benefits, death benefits and vocational rehabilitation benefits.
Medical benefits - Medical benefits are provided to injured workers for all necessary and reasonable medical care. Employees can choose their own treating physician unless the employee is subject to a managed care plan. If the employee fails to use the managed care provider or PPO (preferred provider organization) they may be entitled to pay co-payments for doctor and hospital visits.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to employees who suffer total loss of all of their wages due to their work injury. TTD benefits are paid until the employee reaches their maximum medical improvement and their treating physician releases them to perform the same job, an equivalent job or a job with higher compensation. If the employee reaches their maximum medical improvement and is not able to return to work due to a permanent disability they may be entitled to another type of Montana workers' compensation benefit.
TTD benefits are paid at 66 2/3% of the worker's average gross wages prior to the work injury up to Montana's state maximum. According to Montana's state statutes outlined in 39-71-702(5), the TTD weekly benefit amount may not be adjusted for cost of living as provided. TTD is not paid until the worker has been unable to work for at least 4 days.
Temporary Partial Disability Benefits (PTD) - Temporary partial disability benefits (TPD) are paid to Montana employees who are injured on the job and are able to work a reduced or lighter work schedule but whose wages have been reduced due to their work injury. TPD benefits are calculated as the difference between the worker's average weekly wage at the time of the Montana work injury (up to 40 hours per week) and the worker's current wages.
Permanent Total Disability Benefits - Permanent total disability benefits (PTD) are paid to Montana workers who suffer an injury at work and are unable to return to any substantial employment. PTD is paid at 66 2/3% of the Montana workers wage up to the maximum allowed under Montana state law.
PTD payments are made for the length of the disability or until the Montana worker is allowed to return to their prior job or similar employment. PTD benefits may be offset by Social Security Disability benefits.
Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits (PPD) may be paid if a Montana worker suffers a permanent and partial disability and they are not able to continue to receive TTD benefits. PPD benefits are paid if the employee has 1) an actual loss of wages from their Montana work injury; 2) has received a permanent impairment rating from their physician; 3) the rating is not based exclusively on the complaint of pain but is supported by other objective medical evidence; 4) the rating is greater than 0 and determined by the physician from the most recent edition of the American medical association Guides to the Evaluation of Permanent Impairment.
Injured workers who have an impairment rating but who have not suffered an actual loss of wages from their Montana work injury are only able to receive an impairment award.
Vocational Rehabilitation - Vocational rehabilitation may be available to Montana workers who are injured and unable to return to their previous employment, who have a permanent partial impairment (at least 15%) or who have suffered wage loss.
Vocational rehabilitation can include a variety of services such as counseling, vocational evaluations, job placement, job development and vocational monitoring.
Death Benefits - Death benefits may be paid to the surviving beneficiaries of Montana workers who have died from a work injury or occupation illness. Death benefits generally are paid as a percentage of the deceased workers wage and may also include burial expenses up to a maximum amount outlined under state law.
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