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Montana law

Workers' Compensation Laws in Montana.

Montana's workers' compensation system is a no-fault system administered by the Department of Labor and Industry. Nearly all employers must carry coverage through the Montana State Fund, a private insurer, or self-insurance. Benefits include medical treatment, wage replacement (TTD at two-thirds of gross weekly wages), and permanent disability payments. Injured workers have initial choice of treating physician.

Last verified: 2026-02-25

State law

Statute of Limitations

30 days (notice) / 12 months (claim)Mont. Code Ann. § 39-71-601

You must notify your employer of a workplace injury within 30 days. A written claim must be filed with the employer, insurer, or Department of Labor and Industry within 12 months. The period extends to 24 months if the claimant can show lack of knowledge of disability, latent injury, or equitable estoppel.

Exceptions

Petition After Denial2 years from denial of benefitsMont. Code Ann. § 39-71-2905(2)

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

Occupational Disease12 months from knowledge of conditionMont. Code Ann. § 39-71-601

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

State law

Filing Requirements

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

Written Claim FilingMont. Code Ann. § 39-71-601

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

Insurer Response DeadlineMont. Code Ann. § 39-71-606

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

State law

Key Montana Statutes

Employer Coverage RequirementsMont. Code Ann. § 39-71-401

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).

Temporary Total Disability (TTD) BenefitsMont. Code Ann. § 39-71-701

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.

Choice of Treating PhysicianMont. Code Ann. § 39-71-1101

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.

TTD Termination ProceduresMont. Code Ann. § 39-71-609

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.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.

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