Free Montana Workers' Compensation FAQs | Free Montana Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

If you are an employer or an employee, the Workers` Compensation Act probably applies to you. Almost all employers who have an employee in service under any appointment or contract of hire, expressed or implied, oral or written, must elect to be bound by the provisions of compensation Plan 1 (selfinsured), Plan 2 (privately insured), or Plan 3 (State Fund).

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Report all onthejob injuries to your supervisor, insurer or employer as soon as possible. You must report the accident within 30 days. You must submit a written and signed first report of injury (FROI) within 12 months from the date of the accident. You can submit this form to your employer, the workers` compensation insurer or the Department of Labor and Industry. After you report the injury, your employer has 6 days to notify the insurer. Upon receipt of your signed FROI, the insurer has 30 days to either accept or deny your claim. If denied, you and the Department of Labor and Industry must be informed in writing.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

Workers` compensation insurance policies don`t allow you 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.

Also, insurers will be able to direct you to preferred provider organizations (PPOs) in addition to, or in conjunction with, managed care organizations. After the date your insurer gives you written notice of a preferred provider, the insurer is no longer liable for charges if you continue to see the nonpreferred provider.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

You may be eligible for temporary partial disability benefits. If you are able to return to work, but there are restrictions which will prevent you from providing full service in the position to which you return, then any reasonable accommodations which may be required for you to perform the essential functions must be included in your physician's release statement.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If you disagree with a decision made by your insurer, you may request a forum depending on the type of dispute.

Administrative review, mediation and contested case hearing decisions can be appealed to the Court. Appeals from the Court go directly to the Montana Supreme Court.

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

If you are eligible for compensation benefits, no compensation may be paid for the first 40 hours or 5 days loss of wages, whichever is less. You are eligible for compensation starting with the 6th day. You may receive weekly compensation of 66 2/3% of your gross wages at the time of injury up to the maximum rate of $454 a week. (the maximum rate may change on a yearly basis).

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