Retaliation for Filing Workers' Comp in Montana
Whether an employer in Montana can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not fire a worker for filing a workers' compensation claim; disputes over the grounds for firing are heard in district court. MCA 39-71-317
| Retaliation for filing | An employer may not fire a worker for filing a workers' compensation claim; disputes over the grounds for firing are heard in district court. A worker who can return to work within 2 years after the injury and has a medical release must be given preference over other applicants for a comparable vacant position with the same employer that fits the worker's physical condition and abilities. Source: MCA 39-71-317 |
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| Appealing a denial | Most benefit disputes must first go through the Department's free, confidential, nonbinding mediation. Before petitioning for mediation, the worker must give the insurer a specific written demand and allow 15 working days for a written response. If mediation does not resolve the dispute, the mediator issues a written recommendation and either party may petition the Workers' Compensation Court, which must be done within 2 years after benefits are denied. Decisions of the Workers' Compensation Court can be appealed to the Montana Supreme Court. Statute: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0240/section_0010/0390-0710-0240-0010.html |
Where to get help in Montana
More Montana workers' compensation
- Filing a Workers' Comp Claim in Montana
- How Much Workers' Comp Pays in Montana
- Workers' Comp Settlements in Montana
- Suing Over a Work Injury in Montana
- Appealing a Denied Workers' Comp Claim in Montana
- All Montana workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Montana?
An employer may not fire a worker for filing a workers' compensation claim; disputes over the grounds for firing are heard in district court. A worker who can return to work within 2 years after the injury and has a medical release must be given preference over other applicants for a comparable vacant position with the same employer that fits the worker's physical condition and abilities.
How do you appeal a denied workers' comp claim in Montana?
Most benefit disputes must first go through the Department's free, confidential, nonbinding mediation. Before petitioning for mediation, the worker must give the insurer a specific written demand and allow 15 working days for a written response. If mediation does not resolve the dispute, the mediator issues a written recommendation and either party may petition the Workers' Compensation Court, which must be done within 2 years after benefits are denied. Decisions of the Workers' Compensation Court can be appealed to the Montana Supreme Court.
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.