Montana Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Montana workers' comp attorneys who handle claims before the Montana Department of Labor and Industry and the Workers' Compensation Court. From logging and timber in western Montana, to copper, coal, and oil-and-gas work in eastern Montana, to construction and trades statewide, we'll match you with the right attorney at no cost to get started.

Notice within 30 days under Mont. Code § 39-71-603. The formal claim must be filed within 12 months of the injury under § 39-71-601 — one of the shorter SOLs in the country. Occupational disease has separate timing rules under § 39-71-601(3).

The worker generally chooses the treating physician initially, subject to insurer designation under § 39-71-1101 and managed-care rules in some cases. The system is more worker-favorable than employer-pick states.

Montana attorney fees in workers' comp are subject to Workers' Compensation Court approval under Title 39, Ch. 71, Part 6 — typically in the 20%–25% range. Third-party tort claims run on standard 33%–40% contingency outside the comp system.

Generally no — exclusive remedy under Mont. Code § 39-71-411. Narrow intentional-injury exception. Third-party claims against non-employers are not barred.

Federal employees fall under FECA (5 U.S.C. § 8101). State-employed firefighters fall under state comp. Contractors face complex coverage analysis. Montana's wildfire workforce often involves all three systems.

Medical treatment, TTD at 66 2/3% of AWW (capped), permanent partial disability under § 39-71-703, permanent total disability, and death benefits. Montana also offers vocational rehabilitation services.

Montana recognizes a retaliatory-discharge claim under the Wrongful Discharge from Employment Act (Mont. Code § 39-2-901 et seq.) — particularly favorable to workers because Montana is the only state without at-will employment for most non-probationary employees.

Why Do You Need a Workers' Compensation Attorney in Montana?

Montana's Workers' Compensation Act (Title 39, Ch. 71 MCA) is administered by the Department of Labor and Industry, with disputes adjudicated in the Workers' Compensation Court — a court of record unique to Montana. TTD pays 66 2/3% of AWW under § 39-71-701. Montana uses a three-tier system: state-fund (Montana State Fund) coverage, private insurance, and self-insurance. The state has high-hazard industries — logging, mining (the Berkeley Pit and Stillwater PGM), oil and gas in the Bakken extension into eastern Montana, agriculture and ranching, and seasonal wildfire work — that generate catastrophic claims. Attorney fees are governed by Title 39, Ch. 71, Part 6, subject to Court approval. An experienced Montana attorney develops the medical record, secures the right impairment rating, and preserves third-party claims.

When Do You Need a Workers' Compensation Attorney in Montana?

Our network includes Montana workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in Montana

From the moment you connect with a Montana workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 12-month filing deadline under § 39-71-601 — one of the shorter SOLs

Missing the 30-day notice under § 39-71-603

Misclassifying FECA-covered federal wildfire work as state comp

Accepting an impairment rating without an IME

Settling before reaching MMI and addressing future medical needs

Missing a § 39-71-414 third-party claim against equipment makers, contractors, or at-fault drivers

Missing the 12-month filing deadline under § 39-71-601 — one of the shorter SOLs

Missing the 30-day notice under § 39-71-603

Misclassifying FECA-covered federal wildfire work as state comp

Accepting an impairment rating without an IME

Settling before reaching MMI and addressing future medical needs

Missing a § 39-71-414 third-party claim against equipment makers, contractors, or at-fault drivers

Common Montana Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Montana Workers' Compensation Attorneys Cost?

20%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Montana workers' comp attorney fees are subject to Workers' Compensation Court approval under Title 39, Ch. 71, Part 6, typically running 20%–25% of contested benefits. Third-party tort claims (motor vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

What Can Your Montana Workers' Compensation Compensation Include?

Medical Benefits

Reasonable and necessary medical treatment under Mont. Code § 39-71-704, including future medical when needed for the work injury.

Temporary Total Disability (TTD)

66 2/3% of average weekly wage under Mont. Code § 39-71-701, capped at the state average weekly wage.

Permanent Partial Disability (PPD)

Indemnity benefits under § 39-71-703 based on impairment rating and statutory factors (age, education, return to work).

Permanent Total Disability (PTD)

66 2/3% of AWW for life under § 39-71-702 when the worker can't return to gainful employment.

Death Benefits

Weekly benefits to surviving spouse and dependents under Mont. Code § 39-71-721, plus burial expenses.

Vocational Rehabilitation

Available under § 39-71-1004 for workers unable to return to their previous job.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Montana Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in Montana?

When Do You Need a Workers' Compensation Attorney in Montana?

Types of Workers' Compensation Cases in Montana

Common Montana Workers' Compensation Mistakes

How Much Do Montana Workers' Compensation Attorneys Cost?

What Can Your Montana Workers' Compensation Compensation Include?

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