(406) 752-7550
If you’re injured on the job, one of your first thoughts is probably about how workers’ compensation can help. A Kalispell workers’ compensation lawyer from Travis, Moore & Brann PLLP can help you through the claims process.
If you live or work in the Kalispell area, the workers’ compensation lawyers at Travis, Moore & Brann PLLP can take on the responsibility for your case while you focus on healing from your work injury. Call us today at (406) 752-7550 or contact us online for a free consultation about how we can help you get the benefits you deserve.
The Montana workers’ compensation system is a safety net for employees who suffer injuries while working. It provides benefits that cover:
This includes doctor’s office visits, hospitalizations, surgeries, physical therapy, prescription medication, and other medical services required to help you reach maximum medical improvement (MMI).
TTD benefits are equal to two-thirds of your pre-injury average weekly wage up to a state limit. These benefits and wages are paid if you cannot return to work while your injury is healing.
If your injury allows you to return to work with restrictions and you are paid less than at your pre-injury job, TPD benefits can make up the difference.
When an injury leaves you with permanent impairment, whether the impairment is the loss of use of a body system or a specific body part, you may be entitled to compensation for that loss.
If your injury leaves you with a permanent disability that prevents you from ever returning to the workforce, you could be entitled to PTD benefits that continue until you are eligible for Social Security retirement benefits. PTD benefits are paid at the same rate as TTD benefits.
If a work injury results in permanent impairment that prevents you from returning to your prior occupation but you can still work, voc rehab may be available to help you retrain for another line of work.
Montana’s workers’ compensation system is regulated and overseen by the state. Employers pay into insurance programs that provide benefits for injured employees. If you’re injured, you report it to your employer, and they will file a claim with their own workers’ insurance provider. This starts the process of getting your benefits.
Here are the steps you should take to file a workers’ compensation claim in Montana.
After reporting your injury, seek medical attention. They’ll assess the severity of your injury and determine the treatment needed for recovery. Make sure your healthcare provider knows this is a work-related injury so they can document it properly.
The insurance company may request additional details about your injury. You may be asked to provide medical reports. Be careful if you give the insurer permission to access your medical records. Only allow them access to records from the date of your accident to the present. They may try to use any pre-existing conditions as a means to deny your claim.
Sometimes, the insurance company will investigate to verify the facts of your workers’ compensation claim. Even when investigations are routine, cooperating fully and providing truthful information will help your claim move forward smoothly.
Once the investigation is complete, the insurance company will approve or deny your claim. If approved, you will start receiving benefits. If insurance denies your claim, don’t lose hope. A Kalispell workers’ compensation lawyer can help you work through the appeals process and represent your best interests.
Montana’s workers’ compensation system applies to most employees, but you should be aware there are notable exceptions. Here are some examples of injured workers or groups that may not be covered under workers’ comp:
Knowing who qualifies is essential when determining whether to file a workers’ compensation claim or use a different legal approach. If you’re unsure about your status, a local workers’ compensation attorney can clarify whether you’re eligible for benefits.
Injuries that you incurred during the course of performing your job duties usually qualify. This includes workplace accidents like falling off a ladder or long-term issues like repetitive strain injuries. Illnesses caused by your work environment, like respiratory diseases from chemicals, can also qualify.
However, injuries sustained from things like fighting, being under the influence of drugs or alcohol, or breaking workplace safety rules generally aren’t covered. This is why it’s crucial to know what happened and why before filing your claim.
Insurance companies routinely deny claims because of insufficient evidence, late reporting, or disputes over whether the injury happened at work. Insurers might argue that your injury isn’t as serious as you claim or wasn’t caused by work.
If your claim gets denied, it’s easy to feel discouraged. An experienced Kalispell workers’ compensation attorney can help you gather evidence to prove your claim and represent you during appeals. They understand the tactics insurers use and will ensure your voice is heard.
When you meet with a workers’ compensation lawyer for the first time, they’ll ask about your injury and work history. They might want to see medical reports or any paperwork you’ve received from your employer or the insurance company. Their goal is to understand the facts of your case and give you an honest opinion about your chances of success.
They’ll explain your rights, answer your questions, and let you know what to expect during the claims process. You can ask about how the lawyer will get paid, and you can voice any concerns you have before deciding whether to move forward.
Following are the answers to some questions we often hear from our new clients with workers’ comp claims.
In Montana, you generally have the right to choose your initial treating physician. However, if your employer has a preferred provider network (PPN), you may be required to select a doctor from their network. If you’re unhappy with your initial choice, you can request a change in writing.
Permanent disability benefits are available for workers who sustain long-term workplace injuries. If your workplace injury results in a permanent partial or total disability, you may receive weekly compensation or a lump sum payment based on your ability to return to work and your wage level before the injury.
Yes, you can appeal if your claim is denied. In Montana, appeals usually start with a mediation process. If mediation doesn’t resolve the issue, you can file a formal petition with the Montana Workers’ Compensation Court. Having legal assistance during this process can be helpful.
Montana law protects you from retaliation in employment if you file a workers’ compensation claim. If your employer fires, demotes, or discriminates against you because of your claim, you can take legal action against them. An attorney can advise you about how to proceed.
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