Montana Workers Compensation Lawyer

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In Montana, workers' compensation is compulsory(required by law). It is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury, occupational disease, or death.

According to the U.S Department of Labor Bureau of Labor Statistics, more than 4.5 million injuries and illnesses are reported in private industry workplaces each year. This means that roughly five workers per 100 full-time workers are injured at work or become ill in the workplace each year. Certain work laws exist to guarantee that workers who are injured in the workplace will receive permanent financial awards. These laws were created in an effort to solve any kind of dispute outside of the courtroom. All employees should be notified of their rights as workers, and information should be provided in the workplace for them to easily access.

Domestic servants are not required to be covered by worker's compensation in the state of Montana. However, agricultural workers are covered. In Montana, workers' compensation insurance coverage may be provided through a private insurance company or through a state fund. Also, some employers choose to be self-insured.

An employee must receive authorization from his or her insurer if he or she wishes to change physicians. Authorization is required when the employee has not received treatment for six months. Also, authorization is required for any treatment given after the employee has reached their maximum medical improvement (MMI) or when the employee requests specialized care.

Travel reimbursement is available. The insurer is required to reimburse the injured employee for reasonable travel expenses. An employee must request travel reimbursement within 90 days. An employee will not be reimbursed for travel to unauthorized locations for medical treatment.

Injuries must be reported within 30 days. The time, location, and nature of the injury should be included with the report. Occupational disease claims shall be presented to the employer, insurer, or the Montana Department of Labor and Industry within a year.

Wage loss benefits are available to an employee if a physician declares that he or she cannot return to work due to the injury. Wage loss compensation is available for employees starting on the fifth day of wage loss.

For temporary total disability (TTD), permanent total disability (PTD), and permanent partial disability (PPD), payments are a percentage of the employee's weekly wages. Payments for TTD can last as long as the employee is disabled or until he or she returns to the same job or similar job in pre-injury condition.

Increases in the cost of living may affect benefits received by the employee. Employees may receive benefits if their injury results in deformity of the head, face, or neck. Mental and physical rehabilitation are available for employees who are eligible for workers' compensation in Montana.

If the employee dies as a result of his or her injury, death benefits are given to the employee's spouse or the spouse and his or her children. Death benefits are a percentage of the employee's wages. Compensation for funeral expenses is usually available. Typically, attorney fees are limited to 25%.

If you or someone you know has been injured at work, and you want to learn more about your legal rights, contact a worker's compensation lawyer or attorney today. You can find a workers' compensation lawyer by visiting the American Bar Association website. The American Bar Association website features a lawyer locator function which allows the user to search through worker's compensation lawyer and attorney profiles in each specific city and state. Access to the site and profiles is absolutely free.


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