How Much Workers' Comp Pays in Montana
How Montana calculates weekly workers' comp benefits, the current maximum, the waiting period and permanent disability.
Short answer: Temporary total disability is 66 2/3% of the worker's wages at the time of injury, up to a maximum equal to the state's average weekly wage at the time of injury. MCA 39-71-701
| Weekly benefit rate | Temporary total disability is 66 2/3% of the worker's wages at the time of injury, up to a maximum equal to the state's average weekly wage at the time of injury. It is paid until the worker reaches maximum healing or is released to return to the same or similar work. Benefits are reduced by one-half of any Social Security disability benefits payable because of the injury. Source: MCA 39-71-701 |
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| Maximum weekly benefit | For injuries from July 1, 2026 through June 30, 2027, the maximum weekly rate is $1,192.00 for temporary total, permanent total, temporary partial, rehabilitation and death benefits, and $596.00 for permanent partial disability. The minimum weekly death benefit for that period is $596.00, but not more than the worker's actual wages at the time of death. Compensation rates chart: https://erd.dli.mt.gov/_docs/work-comp-claims/claims-assistance/FY27_Compensation_Rates-Past.pdf |
| How long benefits last | Temporary total disability benefits have no fixed week limit; they are paid until the worker reaches maximum healing or is released to return to the job held at the time of injury (or one with similar physical requirements), and they can end earlier if the worker is released to a same, modified or alternative job with the same employer at equal or higher pay. Temporary partial disability benefits apply to a worker with restrictions before maximum healing who earns less in approved modified work; the statute sets no week limit. Permanent total disability benefits are paid for the duration of the permanent total disability, but they end (along with permanent partial disability benefits other than the impairment award) once the worker receives or is eligible for full Social Security retirement benefits or an equivalent retirement benefit. Permanent partial disability awards are calculated as a percentage of 400 weeks, with the rating capped at 100%. Temporary partial: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0120/0390-0710-0070-0120.html ; permanent total: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0020/0390-0710-0070-0020.html ; retirement cutoff: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0100/0390-0710-0070-0100.html ; permanent partial: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0030/0390-0710-0070-0030.html |
| Waiting period | Wage-loss compensation is not paid for the first 32 hours or 4 days of lost wages, whichever is less; benefits start on the 5th day. If the worker is totally disabled and unable to work in any capacity for 21 days or longer, compensation is paid back to the first day of total wage loss. Medical benefits are provided from the date of injury. Department FAQ: https://erd.dli.mt.gov/work-comp-claims/claims-assistance/workers-comp-FAQ.pdf Source: MCA 39-71-736 |
| Permanent disability | Permanent partial disability requires a permanent impairment rating under the AMA Guides (6th edition) and actual wage loss; a worker with no wage loss but a Class 2 or higher whole-person impairment receives an impairment award only. The award is the impairment rating plus added percentages for age over 40, less than 12 years of education, wage loss and reduced ability to do heavy or medium labor, multiplied by 400 weeks, paid at 66 2/3% of wages up to one-half of the state's average weekly wage. Permanent total disability is paid at 66 2/3% of wages, up to the state's average weekly wage, for as long as the worker is permanently totally disabled, with a cost-of-living adjustment after 104 weeks. Permanent total disability: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0020/0390-0710-0070-0020.html Source: MCA 39-71-703; MCA 39-71-702 |
Where to get help in Montana
More Montana workers' compensation
- Filing a Workers' Comp Claim in Montana
- Workers' Comp Settlements in Montana
- Retaliation for Filing Workers' Comp in Montana
- Suing Over a Work Injury in Montana
- Appealing a Denied Workers' Comp Claim in Montana
- All Montana workers' compensation rules
FAQ
How much does workers' comp pay in Montana?
Temporary total disability is 66 2/3% of the worker's wages at the time of injury, up to a maximum equal to the state's average weekly wage at the time of injury. It is paid until the worker reaches maximum healing or is released to return to the same or similar work. Benefits are reduced by one-half of any Social Security disability benefits payable because of the injury.
What is the maximum workers' comp benefit in Montana?
For injuries from July 1, 2026 through June 30, 2027, the maximum weekly rate is $1,192.00 for temporary total, permanent total, temporary partial, rehabilitation and death benefits, and $596.00 for permanent partial disability. The minimum weekly death benefit for that period is $596.00, but not more than the worker's actual wages at the time of death.
How long can you receive workers' comp in Montana?
Temporary total disability benefits have no fixed week limit; they are paid until the worker reaches maximum healing or is released to return to the job held at the time of injury (or one with similar physical requirements), and they can end earlier if the worker is released to a same, modified or alternative job with the same employer at equal or higher pay. Temporary partial disability benefits apply to a worker with restrictions before maximum healing who earns less in approved modified work; the statute sets no week limit. Permanent total disability benefits are paid for the duration of the permanent total disability, but they end (along with permanent partial disability benefits other than the impairment award) once the worker receives or is eligible for full Social Security retirement benefits or an equivalent retirement benefit. Permanent partial disability awards are calculated as a percentage of 400 weeks, with the rating capped at 100%.
Is there a waiting period for workers' comp in Montana?
Wage-loss compensation is not paid for the first 32 hours or 4 days of lost wages, whichever is less; benefits start on the 5th day. If the worker is totally disabled and unable to work in any capacity for 21 days or longer, compensation is paid back to the first day of total wage loss. Medical benefits are provided from the date of injury.
How does permanent disability work under workers' comp in Montana?
Permanent partial disability requires a permanent impairment rating under the AMA Guides (6th edition) and actual wage loss; a worker with no wage loss but a Class 2 or higher whole-person impairment receives an impairment award only. The award is the impairment rating plus added percentages for age over 40, less than 12 years of education, wage loss and reduced ability to do heavy or medium labor, multiplied by 400 weeks, paid at 66 2/3% of wages up to one-half of the state's average weekly wage. Permanent total disability is paid at 66 2/3% of wages, up to the state's average weekly wage, for as long as the worker is permanently totally disabled, with a cost-of-living adjustment after 104 weeks.
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.