Montana Workers' Compensation Laws

If benefits are denied, you must petition the Workers' Compensation Court for relief within 2 years of the denial.

For occupational diseases, the claim period runs from when the worker knew or should have known that the condition was related to employment.

Report the injury to your employer within 30 days of the incident. Written notice is strongly recommended.

File a written claim with the employer, insurer, or Department of Labor and Industry within 12 months of the injury.

The insurer must accept or deny the claim within 30 days of receipt.

Nearly all Montana employers must carry workers' compensation insurance for full-time, part-time, seasonal, and occasional employees. Coverage can be obtained through the Montana State Fund, a private insurer, or self-insurance (limited to large employers).

TTD benefits pay two-thirds of the injured worker's gross weekly wage at the time of injury, subject to a maximum weekly rate set annually by the Department of Labor and Industry. Benefits continue until the worker reaches maximum medical improvement or returns to work.

The injured worker may choose a healthcare provider for initial treatment. After acceptance of liability, the insurer may designate or approve a treating physician. The treating physician may refer the worker to other providers as needed.

Effective July 1, 2025, insurers may terminate TTD benefits when a claimant is released to full duty prior to or upon reaching maximum medical improvement. Benefits terminate when the claimant returns to work or after 14 days' written notice, whichever is earlier.

Employers cannot discharge or discriminate against an employee for filing or intending to file a workers' compensation claim.