Montana Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of Montana's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of Montana's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of Montana.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
Montana's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a competitive state fund, a private insurance carrier, or employers may self-insure. Waivers may be permitted.
Special Employment Situations
The state worker's compensation act applies to agricultural workers. Employers may provide voluntary worker's compensation coverage for domestic servants.
Medical Benefits & Choice of Physician
A claimant copayment of twenty percent of the cost of each subsequent visit to a provider (up to ten dollars) and twenty-five dollars for each subsequent visit to a hospital emergency department for treatment is required, unless the employee uses the managed care or preferred provider organization (PPO) requested by the insurer. Unless the employee is subject to a certified managed care plan, initial choice of physician is made by the employee.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability, or until the worker is released to resume the worker's pre-injury job or similar employment. Benefits are subject to Social Security benefit offsets.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability, or until the worker is eligible for full Social Security retirement benefits or equivalent benefits. Benefits are subject to Social Security benefit offsets.
Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment. Payments for PPD may continue for up to 350 weeks.
Benefits may be available for serious disfigurement of the face, head, or neck.
Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are limited to 20% - 25% by rule. In certain cases, the attorney fee may be added to the award.
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