Hiring a Workers' Compensation Lawyer in Montana
The limits on workers' comp lawyer fees in Montana, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Montana: fee rules
| Rules on contingency fees | Under Montana Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; the litigation and other expenses deducted from the recovery; and whether expenses come out before or after the fee is calculated. It must clearly tell the client about any expenses the client owes whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the amount paid to the client and how it was figured. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of maintenance, support or property settlement, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the scope and basis or rate of fees to be communicated in writing, except where total cost is reasonably foreseeable to be $500 or less. |
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| If you disagree with a lawyer's bill | The State Bar of Montana runs a fee arbitration program for disputes over fees and costs paid, charged or claimed by lawyers practicing in Montana. To start, both an Arbitration Agreement and a Petition for Arbitration must be completed and returned; the Rules on Fee Arbitration are posted on the page. Fee arbitration is not for negligence, malpractice or ethics complaints, which go to the Office of Disciplinary Counsel or a court. |
| If a lawyer takes your money | The State Bar of Montana's Lawyers' Fund for Client Protection reimburses losses caused by dishonest conduct or mishandling of funds by a Montana lawyer within an attorney-client relationship; it does not cover negligence or malpractice. The claimant must have made a reasonable attempt to recover the money from the lawyer, and conditions such as the lawyer's death, incompetency, criminal conviction, disbarment or suspension apply. No fixed maximum is stated; the amount depends on factors including the Fund's balance, and partial awards may be made. Apply with the Lawyers Fund Application on the page; a lawyer is not needed to file a claim. |
Montana rules to know first
| Lawyer fee limits | A claimant's attorney must file a fee contract with the Montana Department of Labor & Industry on the department's form, and the department may regulate the fee in any workers' compensation case; an attorney who violates the rules forfeits the fees. Where the claim is not disputed, no fee may be charged on temporary total disability paid during healing or on medical benefits. Fee disputes are resolved by the Workers' Compensation Court. Attorney Fee Agreements contact: 406-444-6443. |
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| Deadline to file a claim | A written claim, signed by the worker or the worker's representative, must be presented to the employer, the insurer or the Department within 12 months after the accident. The insurer may extend this by up to 24 more months if the worker shows lack of knowledge of the disability, a latent injury or equitable estoppel. For an occupational disease, the claim is due within 1 year after the worker knew or should have known the condition resulted from an occupational disease. A petition to the Workers' Compensation Court must be filed within 2 years after benefits are denied. Source: MCA 39-71-601; MCA 3-9-111 |
| Deadline to challenge a denial | Most benefit disputes must first go to a Department of Labor and Industry mediator, after the worker makes a specific written demand and allows the insurer 15 working days to respond. If mediation does not resolve it, a petition to the Workers' Compensation Court must be filed within 2 years after benefits are denied. A final decision of the Workers' Compensation Judge is appealed directly to the Montana Supreme Court in the manner used for civil appeals from district court. Uninsured Employers' Fund disputes have shorter limits: 90 days to mediation, then 60 days after the mediator's report to petition the court. 2-year petition: https://mca.legmt.gov/bills/mca/title_0030/chapter_0090/part_0010/section_0110/0030-0090-0010-0110.html (renumbered from 39-71-2905 in 2025); Supreme Court appeal: https://mca.legmt.gov/bills/mca/title_0030/chapter_0090/part_0010/section_0070/0030-0090-0010-0070.html |
| Can you sue your employer? | Generally no: for covered employment, workers' compensation is the exclusive remedy and an insured employer is not otherwise liable for an employee's injury or death. Exceptions: an uninsured employer can be sued under the uninsured-employer provisions, and a worker who is intentionally injured by a deliberate act of the employer or a co-worker may sue that person in addition to receiving benefits. Intentional injury means an act specifically and actually intended to injure the worker with actual knowledge that injury is certain, proven by clear and convincing evidence; the employer is not vicariously liable for a co-worker's intentional act. Intentional injury: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0040/section_0130/0390-0710-0040-0130.html |
| Suing someone other than your employer | Yes. A worker injured by someone other than the employer or co-workers may sue that party in addition to receiving workers' compensation. The insurer has a first-lien subrogation right on the recovery for benefits paid or to be paid, but gets full subrogation only if the worker cannot show damages beyond the benefits and recovery combined; if the insurer declines to share the costs of the suit, it waives 50% of its subrogation. The worker must give the insurer reasonable notice before filing, and if the worker does not sue within 1 year of the injury, the insurer may sue in the worker's name. Subrogation: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0040/section_0140/0390-0710-0040-0140.html |
| Filing a claim online | The Workers' Compensation Section of Montana's Employment Relations Division (Department of Labor & Industry) offers Claims Assistance: it answers injured workers' questions about the system, acts as a liaison between injured workers and their insurance adjusters, and runs the Stay at Work/Return to Work program, which can help even when the insurer cannot be identified. Call for assistance: 406-444-2840; Employment Standards Division: (406) 444-6543. |
Find and check a lawyer
| Lawyer referral service | The State Bar of Montana provides a lawyer referral service called Licensed Lawyer Montana, free of charge to the public. Only attorneys who opt to include their information and maintain malpractice insurance are part of the program; the State Bar does not recommend specific attorneys or make general referrals outside this service. |
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| Check that the lawyer is licensed | The State Bar of Montana, which licenses and keeps the roll of Montana lawyers, publishes an Attorney Directory on its website. The Montana Office of Disciplinary Counsel says to contact the State Bar of Montana for a lawyer's license status or current contact information. |
| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC), set up by the Montana Supreme Court, takes and investigates grievances against Montana lawyers; the Commission on Practice hears complaints and can recommend discipline to the Supreme Court. To file, mail the Grievance Cover Sheet with a signed, detailed written explanation and copies (not originals) of supporting documents to Office of Disciplinary Counsel, P.O. Box 1099, Helena, MT 59624-1099; grievances are not accepted through the website contact form. ODC publishes a list of publicly disciplined Montana lawyers (excluding private discipline), and public orders can be searched on the Montana Supreme Court Public View Docket. Phone: (406) 442-1648. Public discipline list: https://montanaodc.org/attorney-discipline |
Free legal help
| Free legal aid | Montana Legal Services Association (MLSA) provides free civil legal services to low-income Montanans. Apply online or call the HelpLine at 1-800-666-6899 (Tuesday through Thursday, 9:00 am to 1:00 pm); applicants generally hear back in 3-5 business days. The Montana Supreme Court's Court Help Program is a free service that gives legal information (not legal advice) to people with civil legal problems who cannot afford or choose not to hire an attorney, through local centers. The Legal Services Corporation (LSC) lists Montana Legal Services Association as the LSC-funded grantee in the state. Court Help Program: https://courts.mt.gov/selfhelp/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Montana · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.