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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 filingAn 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.
Appealing a denialMost 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

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.