If you were injured on the job in Montana and you’re someone’s employee, you’re probably entitled to workers’ compensation benefits. However, if you’re dealing with the pain of an injury and your doctor is keeping you off work, you may not know how to go about getting the full maximum compensation benefits you’re owed. That’s where a Kalispell work injury lawyer from Travis, Moore & Brann PLLP comes in.
Our Kalispell work injury attorneys have decades of cumulative experience helping our clients file workers’ compensation claims. We can help you obtain the benefits you need to heal from your injuries and put your life back together. Call our law firm today for a free case evaluation to learn more about how we can help.
Workers’ Compensation in Montana
Nearly all employers in Montana must provide workers’ compensation insurance for their employees. Workers’ compensation insurance is a state-run program aimed to help injured workers get the medical care they need. This aims to aid in recovery and help them return to work quickly. In exchange for employers providing injured workers with this coverage, injured workers cannot sue them for on-the-job injuries. However, there are exceptions in rare cases.
Workers’ comp provides the following benefits:
Medical care
Workers ‘ comp should cover your reasonable medical care when you’re injured on the job. You can choose your own doctor for your initial treatment, but the insurer may require a different physician or approve your choice.
Temporary total disability (TTD)
If your injury prevents you from returning to your job immediately, you might be entitled to TTD benefits. These benefits are paid at a rate of two-thirds of your gross average weekly wage.
Temporary partial disability (TPD)
If you can return to restricted work and your pay differs from your pre-injury pay, TPD benefits can make up the difference between your current pay and prior wages.
Permanent partial disability (PPD)
If you suffer an impairment of a particular body part or body system because of the injury, you could be entitled to money to compensate you for the loss of use of that system or part.
Permanent total disability (PTD)
If your injury renders you disabled from working in any capacity, you could be paid PTD benefits at the same rate that TTD is paid. You could be eligible for PTD benefits until you are entitled to Social Security retirement benefits.
Rehabilitation services
If your injury leaves you with a disability that makes returning to your usual occupation impossible, but you can still work, workers’ compensation benefits include vocational rehabilitation services.
How to Obtain Workers’ Comp Benefits
If you’re injured on the job, immediately report the injury to your supervisor and get medical treatment. To maintain eligibility for workers’ comp or disability benefits, you must report the injury to the insurance company or your employer. This must be done in writing and within 30 days. You have a year from the date of the accident or workplace injury to file a First Report of Injury form with your employer, the insurer, or the Montana Department of Labor & Industry. Failure to take any of these steps can result in losing your workers comp case benefits.
Third-Party Claims
In some cases of workplace accidents, suffered injuries, someone other than your employer or a co-worker may have been responsible for the accident that injured you. In those cases, you could be entitled to file a third-party claim or lawsuit against the at-fault party or their insurer.
You might have a third-party claim if a defective machine or tool caused your injury. In that case, the company that made it or defective products could be held responsible. Other examples include:
- Vehicle accidents — If you drive as part of your job and another driver causes an accident that injures you, you could have a claim against them.
- Subcontractor negligence — A different company’s worker might have caused your injury in construction or other industries with multiple subcontractors.
- Dangerous property — The property owner could be liable if you work on someone else’s property and unsafe conditions they should have fixed or warned you about lead to your injury.
Compensation Available in a Third-Party Claim
In a third-party work injury lawsuit in Montana, you can obtain your compensation in court. This includes medical bills, lost wages and expenses, and wage replacements. However, you can seek several types of compensation not typically available through the state’s workers’ compensation system as well, including:
- Pain and suffering — A third-party claim or lawsuit allows you to pursue compensation for the physical pain and emotional distress caused by the injury.
- Full wage replacement — In a third-party claim, you can obtain the total of your lost wages. In contrast, you can get a partial wage replacement in a workers’ comp claim. You can also receive compensation for future earnings if your ability to earn income over time is diminished because of your injuries.
- Future medical costs — In Montana, third-party claims may include compensation for future medical care. This includes long-term rehabilitation, surgery, and assistive devices.
- Property damage — In a third-party claim, you can recover property damage costs if your personal property suffered harm in an accident caused by another’s negligence or wrongdoing.
- Punitive damages — If the third party’s actions were particularly reckless or intentional, Montana state law allows the injured party to request punitive damages. If the case goes to trial, these damages punish the wrongdoer and discourage similar behavior in the future.
Cases Without Workers’ Compensation Coverage
Montana law require workers’ compensation coverage for all workers. However, there are cases where you have no insurance coverage. For instance, independent contractors don’t qualify, and some employers don’t provide it even if they’re supposed to. If you fall into one of these many workers comp claim gaps and suffer a work-related injury, you might not know where to turn.
If an injury occurs and you’re not covered by workers’ compensation insurance, your best option could be to file a lawsuit. You can file a claim against your employer or another party responsible for your injury. This is a daunting process, but an experienced Kalispell work injury lawyer at Travis, Moore & Brann PLLP can help you determine if a workplace injury lawsuit is the right path forward and guide you every step of the way.
The Importance of Having a Work Injury Attorney
Getting the compensation, legal representation, medical treatment, and financial support you deserve after a work injury isn’t easy. But don’t worry, Travis, Moore & Brann PLLP can help.
Our experienced Kalispell work injury lawyer knows the ins and outs of Montana’s workers’ comp and personal injury claims and can:
Identify all liable parties
More than one party could be responsible for your injuries. Even if you’re covered by workers’ comp, if you were injured because of a defective machine, you might have a claim. Your attorney will help you figure out who to hold accountable, such as the manufacturer of the machine.
Gather evidence
Your skilled attorney will collect all necessary documents to prove your claim and the extent of your injuries. This includes medical records, witness statements, and other relevant evidence.
Calculate your losses
An attorney with experience in workers’ comp and personal injury claims will know how to calculate the total value of your claim. They can also make sure you demand compensation that covers all your losses.
Negotiate with insurers
Insurance companies will try to minimize payouts. Your lawyer will stick up for you and fight to get an appropriate settlement.
Represent you in court.
If your case goes to trial, your attorney will stand by you and fight for your rights.
Frequently Asked Questions
If you’ve ever suffered injuries or a work injury in Montana, the following information can help you understand your legal options here.
What kind of injuries might lead to a third-party lawsuit?
Injuries could include those from industrial accidents caused by defective equipment and vehicle accidents involving other drivers. They could also include injuries from negligence by a subcontractor or property owner or workplace violence. These cases result when someone other than your employer is at fault.
What if my employer doesn’t have workers’ compensation insurance?
Montana law requires most employers to provide workers compensation insurance, but some don’t. If your employer didn’t have it even though the law required them to, and you’re hurt, the Uninsured Employer’s Fund can help. Your insurance company or own injury lawyer can also handle the legal fees for this for you.
Can I sue my employer if I receive workers’ compensation benefits?
You can’t sue your employer directly if you receive a workers comp claim. However, you can still pursue claims against any other parties who contributed to your workplace injury.
How long do I have to file a third-party compensation lawsuit in Montana?
The time limit established by Montana’s statute of limitations varies based on the amount of claim. But, three years from the date of your injury is the most common deadline for personal injury claims. It’s best to consult an attorney promptly to ensure you don’t miss critical deadlines.
Do I need an attorney for a non-workers’ compensation lawsuit?
Yes. A Kalispell work injury attorney can help identify responsible parties, gather evidence, and negotiate a fair settlement with insurers. We can also represent you in court for a fair settlement and help you obtain the compensation you deserve. Reach out to a Kalispell work injury lawyer from Travis, Moore & Brann PLLP for a free consultation if you need assistance handling this complex process.
Taking the First Step Toward Justice
After a work injury, your priority should be recovery, but it’s hard to focus on legal issues and medical bills when you’re in pain or worried about how you’ll pay your rent. That’s why seeking legal help from our experienced legal team is crucial. Travis, Moore & Brann PLLP has an experienced legal team that can handle all the details so you can focus on getting better.
Whether you need to file a lawsuit for workers’ compensation or disability benefits or are entitled to file a third-party claim, one of our skilled Kalispell work injury lawyer can help you. Contact Travis, Moore & Brann PLLP or call us for a free consultation and take the first step toward getting the compensation you deserve.
