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Montana Workers Compensation - Employee Benefits

Workers compensation employee benefit information for the State of Montana

Montana Workers Compensation Medical Benefits -

  • Once the insurer accepts the injured Montana workers injury or occupational disease claim, they are entitled to reasonable doctor, hospital, prescription and medical care costs. Allowable charges are paid according to a medical fee schedule.
  • After the first visit to an emergency room, the injured Montana worker is responsible for $25 of the cost of each following visit to an emergency room.
  • The injured worker may also be required to pay the difference between name-brand drugs and the generic

Who Chooses the Physician for Injured Workers in Montana-

  • Workersí compensation insurance policies donít allow Montana workers complete freedom of choice of medical providers. An insurer contracting with a Managed Care Organization (MCO) can direct you to the MCO for medical care.
  • Insurers are also able to direct the Montana worker to preferred provider organizations (PPOs) in addition to, or in conjunction with, managed care organizations. After the date the insurer gives the worker written notice of a preferred provider, the insurer is no longer liable for charges if the worker continues to see the non-preferred provider. If the worker continues to receive treatment from a non - preferred provider, the Montana worker, rather than the insurer, is responsible for paying for that treatment.

Montana Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • Compensation is 66 2/3 percent of the injured workers wage.
    • Minimum weekly payment is not prescribed but payable.
    • Maximum weekly payment is 100 percent of the Montana state average weekly wage which is $604.
    • Maximum number of payments is tied to the length of the disability or when the injured Montana worker is released to their prior job or one of similar employment.
    • Benefits are subject to Social Security offsets.
    • Note:
      • Current Montana state average weekly wage is: $604.
      • No compensation may be paid for the first 32 hours or 4 days loss of wages, whichever is less. Eligibility for compensation begins with the 5th day of wage loss.

  • Permanent Total Disability (PTD) Benefits:
    • Compensation is 66 2/3 percent of the injured workers wage.
    • Minimum weekly payment is not prescribed but payable.
    • Maximum weekly payment is 100 percent of the Montana state average weekly wage which is $604.
    • Maximum number of payments is tied to the length of the disability or when the injured Montana worker is released to their prior job or one of similar employment.
    • Benefits are subject to Social Security offsets.

  • Permanent Partial Disability (PPD) Benefits:
    • Compensation is 66 2/3 percent of the injured workers wage.
    • Minimum weekly payment is not statutory.
    • Maximum weekly payment is 50 percent of the Montana state average weekly wage which would be $302.
    • Note:
      • Benefits are subject to Social Security offsets.
      • Non-scheduled injuries the maximum period of payments is 375 weeks and the maximum amount payable is $113,250.
      • Ratings are determined as a percentage of the permanent disability.
      • Loss wage benefits are determined by multiplying the maximum period of 375 weeks times the percentage of disability and cannot exceed a PPD of 100 percent.


Montana Workers Death/Dependency Benefits -

  • If a Montana on-the-job injury or an occupational disease is the cause of death, the Montana workers dependants should contact the workers compensation insurance provider or the Department of Labor and Industry for detailed information.


Montana Workers Compensation Attorney Fees -

  • Attorney fees of 20% - 25% are allowed as regulated.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://erd.dli.mt.gov/wcclaims/wccdocs/benefitpamphlet08-09.pdf



Important Notice Please Read: All information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.


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