Workers' Comp Settlements in Montana

Yes. An agreement that settles a claim for any type of benefit is subject to approval by the Montana Department of Labor and Industry; if the department does not approve or disapprove it in writing within 14 days of filing, it is treated as approved. Once approved, it is a compromise and release settlement that the department may not reopen. Medical benefits on an accepted claim can be settled only if the worker has reached maximum medical improvement, the worker and insurer mutually agree, and the settlement is in the parties' best interest; the worker must sign an acknowledgment of which medical benefits will end. A lump-sum payment of permanent total disability benefits requires a showing of financial need.

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%.

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.