Getting hurt at work can throw everything off in an instant. Between medical bills, lost wages, and trying to figure out the workers’ compensation system, it can all feel like a lot. If you’ve been injured on the job in Montana, knowing your rights and what to do next can help you get the compensation you need.
Workers’ Compensation vs. Personal Injury Claims
Most workplace injuries in Montana are covered by workers’ comp, which is a no-fault system. That means you don’t have to prove your employer did anything wrong to receive benefits. Workers’ compensation insurance helps with medical bills, lost wages, and disability but won’t cover pain and suffering. However, if someone other than your employer—like a contractor, equipment manufacturer, or another third party—was responsible for your injury, you may have a personal injury case, as well as a workers’ compensation case, which can allow you to recover more.
What to Do After a Workplace Injury
Taking the right steps can help your claim if you get hurt at work. First, report the injury to your employer as soon as possible—Montana law gives you 30 days, or you could lose benefits.
Get medical treatment, even if it seems minor since your records are fundamental to your claim. Write down what happened, take pictures, and keep track of medical visits and expenses.
To officially file a workers’ compensation claim, submit a First Report of Injury (FROI) form. Lastly, follow your doctor’s orders, stay on top of your case, and keep records of any communication with your employer or the insurance company.
Employer Liability and OSHA Violations
Employers are expected to keep the workplace safe, but if they ignore OSHA rules and you get hurt, it could affect your case. Common safety violations include not providing proper safety gear, using unsafe equipment, failing to train employees, and ignoring hazardous conditions. In some cases, a serious OSHA violation might even allow you to sue your employer instead of relying on workers’ comp.
Can You Sue Your Employer for a Workplace Injury?
Most of the time, workers’ comp is the only way to get compensation after a workplace injury but there are exceptions. You might be able to sue your employer if they intentionally hurt you, don’t have workers’ comp insurance (which is required by law), or if a third party, like a contractor, was involved in the accident. A workers’ comp attorney can help determine whether you have a case beyond just filing a workers’ compensation claim.
Common Reasons for Denied Claims (and What to Do About It)
Not all workers’ comp claims are approved, but don’t panic—you still have options. Common reasons for denial include:
- Missed deadlines – Your claim could be rejected if you didn’t report the injury or file your claim on time.
- Lack of medical evidence – If there’s insufficient proof that your injury is work-related, your claim might be rejected.
- Employer disputes the claim – Sometimes, employers argue that an injury didn’t happen at work or isn’t as serious as claimed.
If your claim gets denied, you can appeal the decision. A workers’ comp lawyer can identify and pursue the benefits you deserve.
Employer Retaliation: What to Watch For
It’s illegal for your employer to retaliate against you for filing a workers’ comp claim, but it still happens. Retaliation can take the form of getting fired or demoted, having your hours or pay cut, or being stuck in a hostile work environment. Talk to a lawyer immediately if you think your employer is punishing you for filing a claim.
How Long Does a Workplace Injury Claim Take?
Workers’ comp claims don’t all move at the same speed—some wrap up quickly, while others drag on for months or even years, especially if there’s a dispute. First, you file the claim within a few days of getting hurt. A decision typically comes within 30 days. If approved, benefits start in a few weeks. If denied, appeals can take months. The more complicated your case, the longer it might take.
When to Call a Workers’ Comp Lawyer
While some workers’ comp cases go smoothly, many don’t. You should consider getting legal help if:
- Your claim was denied
- Your employer is making it difficult for you to file
- You have a serious injury that could affect your ability to work long-term
- You believe a third party is responsible for your injury
Get Help with Your Workplace Injury Claim
Getting injured at work is tough enough—you shouldn’t have to struggle to get the benefits you deserve. Whether you need help filing a claim, appealing a denial, or determining whether you have a case, Travis & Brann, PLLP has your back. Don’t let the insurance company take advantage of you. Contact us online now or call us at (406) 752-7550, and let’s figure this out together.
