Filing a Workers' Comp Claim in Montana
The deadlines to report a work injury and file a claim in Montana, how to file, and how to appeal a denial.
Short answer: Notice of the time and place of the accident and the nature of the injury must be given to the employer or its insurer within 30 days after the accident, by the worker or someone on the worker's behalf. MCA 39-71-603
| Deadline to report the injury | Notice of the time and place of the accident and the nature of the injury must be given to the employer or its insurer within 30 days after the accident, by the worker or someone on the worker's behalf. Actual knowledge of the accident and injury by the employer or the supervisor in charge counts as notice. Source: MCA 39-71-603 |
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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 |
| How to file | Report the injury to your employer. A First Report of Injury form starts the claim; if your employer has not filed one, you can get the form from the Department or your local job service office, or call (406) 444-6543 for help. The claim must be in writing and signed by you or your representative. The insurer has 30 days after receiving a signed claim to investigate and determine liability, and once a claim is accepted wage-loss payments are due within 14 days. If your employer had no coverage, contact the Department's Uninsured Employers' Fund. |
| 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 |
| Filing or checking 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. |
Where to get help in Montana
More Montana workers' compensation
- How Much Workers' Comp Pays 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 long do you have to report a work injury in Montana?
Notice of the time and place of the accident and the nature of the injury must be given to the employer or its insurer within 30 days after the accident, by the worker or someone on the worker's behalf. Actual knowledge of the accident and injury by the employer or the supervisor in charge counts as notice.
What is the deadline to file a workers' comp claim in Montana?
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.
How do you file a workers' comp claim in Montana?
Report the injury to your employer. A First Report of Injury form starts the claim; if your employer has not filed one, you can get the form from the Department or your local job service office, or call (406) 444-6543 for help. The claim must be in writing and signed by you or your representative. The insurer has 30 days after receiving a signed claim to investigate and determine liability, and once a claim is accepted wage-loss payments are due within 14 days. If your employer had no coverage, contact the Department's Uninsured Employers' Fund.
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.
How do I file or check a workers' comp claim online in Montana?
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.
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.