Workers’ Compensation Attorneys in Montana
Defending Your Rights After a Workplace Injury
According to data released by the U.S. Bureau of Labor Statistics in 2018, private employers reported at least 2.8 million non-fatal workplace injuries and illnesses that year alone. Fatal workplace injuries also increased in 2018, with 5,250 people dying as a direct result of injuries sustained on the job.
In the state of Montana, most businesses that have employees are required to pay for workers’ compensation insurance, which offers no-fault benefits for those who suffer workplace injuries. At Hoyt & Blewett PLLC, you can count on our experienced team of personal injury attorneys to represent your needs in a Montana workers’ compensation claim. The claims process may not always be easy, but with years of experience and a commitment to fair outcomes for our clients, our team will aim to make the process as straightforward as possible.
Contact us today at (406) 233-1302 to discuss your case with a qualified workers’ comp lawyer. We offer free, no-obligation consultations.
Who Is Eligible for Workers’ Comp in Montana?
If your employer has at least one employee on the payroll, then you will most likely be covered by workers’ comp, which accounts for any injuries or illnesses that happen as a direct result of your job or simply in the course of doing your job. In some cases, you may be able to file a lawsuit if your injuries were caused by the negligence of a third party – for example, if you were involved in a car accident while operating as a delivery worker. However, workers’ compensation is a “no-fault” system, which means that you typically do not have to prove that your employer was at fault to receive financial benefits.
Not all professions are covered by workers’ comp in Montana, however, and these are a few of the biggest exceptions:
- Corporation officers, sole proprietors, and partners (in certain cases)
- Household and domestic employees (i.e. house cleaning and yard work professionals)
- Family members
- Door-to-door salespeople
- Certain caregivers
- Ministers or clergy members
- Those working for aid or sustenance only
- …and many others
Of course, if you are injured while working as a maid, it’s possible that you could still have grounds to pursue a lawsuit. You will just not be covered under workers’ compensation insurance.
About the Workers’ Compensation Claims Process
Workers’ compensation benefits come from your employer’s private insurance provider, but workers’ comp claims are administered by the Montana Department of Labor & Industry. After a workplace accident, you must notify your employer within 30 days and give a detailed report of the incident, which should be filed with the DLI. Your employer’s insurer then has 30 days to respond and make a decision, and if they deny the claim, you will need to follow a dispute resolution process.
This process isn’t always easy to navigate, and you may need an attorney to represent your interests and advocate for your benefits throughout the process. As a premier personal injury firm in Montana with the only in-state lawyer named to the prestigious Inner Circle of Advocates and Lawdragon 500 Leading Lawyers list, you can set your mind at ease about your claim.
Ready for a free consultation? Call us at (406) 233-1302 or contact us online today.