If you were just hurt at work in Montana, the clock is already running. Two deadlines matter more than anything else on this page: 30 days to notify your employer of the accident, and 12 months to present a written claim. Read the first section before anything else.
What to do first
Get medical care. If it's an emergency, go to the ER or call 911. Otherwise, get evaluated promptly and tell the provider the injury happened at work. Medical services are furnished from the date of the injury (Mont. Code Ann. § 39-71-736).
Report the injury to your employer - within 30 days. Under Mont. Code Ann. § 39-71-603, notice of the time and place where the accident occurred and the nature of the injury must be given to the employer or its insurer within 30 days of the accident. If it isn't, the statute says the claim "may not be considered compensable." The law does not require the notice to be in writing - your employer's actual knowledge of the accident and injury (or that of the managing agent or superintendent in charge of your work) is equivalent to notice - but put it in writing anyway, by email, text, or an incident report you keep a copy of, so you can prove what you reported and when. This 30-day section does not apply to occupational diseases. And if your injury did not announce itself right away, read the next section before you conclude you are too late.
Ask your employer who its workers' compensation insurer is and get the claim started.
Choose your treating provider. In Montana you generally get to pick the provider for your initial treatment, before the insurer designates one (details below).
Keep copies of everything - your notice, medical records, and all correspondence with the insurer.
If the injury took time to show up: the 30 days may not have started yet
This is the single most common reason Montana workers wrongly give up. The 30-day clock in § 39-71-603 does not always run from the calendar date of the accident. Montana courts apply a latent-injury rule: the thirty-day period is tolled during the time you were unaware that an incident caused physical harm requiring medical treatment, and it begins running again once you need medical treatment and believe the work incident caused that need (Bain v. Liberty Northwest, 2004 MTWCC 45). The Montana Supreme Court has held the same way: the thirty-day reporting requirement does not commence running until the worker learns that he has suffered an injury (Killebrew v. Larson Cattle Co., 254 Mont. 513 (1992)). Put simply, the clock runs from when you knew, or should have known, that the work incident caused harm needing treatment.
So if you tweaked your back at work, felt fine, and only months later developed symptoms a doctor ties back to that day - do not count 30 days from the accident and assume you are barred. Report it the moment you make the connection, say plainly when you first realized it was work-related, and call the Employment Standards Division's Claims Assistance staff. The same goes if your employer already had actual knowledge of the accident, which the statute treats as equivalent to notice. These are fact-specific rules, and the burden is on you to show why the clock had not yet started - which is exactly why you should report early and in writing rather than wait.
Montana's workers' compensation agency
Workers' compensation claims in Montana are overseen by the Employment Standards Division of the Montana Department of Labor & Industry. Its Workers' Compensation Claims Assistance staff help injured workers understand the system, answer questions, and act as a liaison between the injured worker and the adjusting company. The division also runs the statutorily required Dispute Resolution (mediation) process for benefit disputes and the Stay at Work/Return to Work program.
Disputes that mediation does not resolve go to the Montana Workers' Compensation Court, a specialized court that resolves disputes arising under the Workers' Compensation Act and the Occupational Disease Act.
Who is covered in Montana
Under Mont. Code Ann. § 39-71-401, the Workers' Compensation Act applies to all employers and all employees unless a specific exemption applies - there is no minimum employee-count threshold the way some states have. Employers get coverage one of three ways: a policy from Montana State Fund (a nonprofit, publicly owned carrier created by the legislature to be a competitive fund and a guaranteed market for Montana employers), a policy from a private insurer, or approved self-insurance (generally only very large employers). Montana is not a monopolistic state fund state - Montana State Fund competes with private carriers.
Section 39-71-401 exempts a long list of specific employments, including household and domestic work and casual employment; a family member who is a dependent of the employer; sole proprietors, partners, and LLC members and managers who meet the statute's criteria (they may elect coverage); commission-only real estate, securities, and insurance salespeople without a guaranteed wage; certain corporate officers; ordained or licensed ministers and members of religious orders performing religious duties; officials at amateur athletic events; barbers and cosmetologists; certain newspaper carriers and freelance correspondents; and others. Independent contractors can be exempt if they hold an independent contractor exemption certificate from the state or carry their own coverage. The exemption list is long and technical, and some exemptions can be waived by election - if your work arrangement isn't a straightforward employee relationship, confirm your status with the Employment Standards Division rather than assuming.
The deadline to file your claim
This is the second deadline you cannot afford to miss. Under Mont. Code Ann. § 39-71-601, a claim must be presented in writing to your employer, its insurer, or the department within 12 months from the date of the accident. For an occupational disease - a condition that develops from work over time rather than from a single accident - the claim must be presented within 1 year from the date you knew, or should have known, that your condition resulted from an occupational disease.
The insurer may waive the time requirement for up to 24 additional months in narrow circumstances - lack of knowledge of disability, latent injury, or equitable estoppel. That is an exception, not a plan. File as soon as you can.
Medical care: who picks your doctor
Montana gives injured workers real say over their initial care. Under Mont. Code Ann. § 39-71-1101, before the insurer's designation, you may choose a provider from the categories the statute recognizes for initial treatment. If that provider agrees to comply with the statute's requirements, that provider becomes your treating physician.
Any time after the insurer accepts liability, the insurer may designate or approve a treating physician who agrees to take on the treating-physician responsibilities (coordinating your care, making required determinations, treating within the utilization and treatment guidelines or getting prior approval, and arranging impairment ratings), or it may direct you to a managed care organization or preferred provider organization for designation of the treating physician. The statute also prohibits an insurer, managed care organization, or health care provider organization from requiring you to use a particular treating physician through intimidation, coercion, or threats.
Wage-replacement benefits
Under Mont. Code Ann. § 39-71-701, temporary total disability benefits are 66 2/3% of the wages you received at the time of the injury, subject to a state maximum tied to Montana's average weekly wage that adjusts every year. Do not rely on an old figure - confirm the current maximum with the Employment Standards Division.
There is a waiting period. Under Mont. Code Ann. § 39-71-736, compensation is not paid for the first 32 hours or 4 days of lost wages, whichever is less; you are eligible for compensation starting with the 5th day. But if you are totally disabled and unable to work in any capacity for 21 days or longer, compensation is paid retroactively back to the first day of total wage loss (unless you waive it). Medical and hospital services, by contrast, are furnished from the date of injury.
Permanent partial disability
If you are left with lasting impairment, Mont. Code Ann. § 39-71-703 provides permanent partial disability benefits when you have a permanent impairment rating greater than zero - determined under the sixth edition of the AMA Guides to the Evaluation of Permanent Impairment, and based on objective medical findings - and you either have an actual wage loss caused by the injury or a higher-class impairment rating that the statute recognizes without wage loss. The award is built by adding percentage factors to the impairment rating for things like your age, your education, the amount of wage loss, and any reduction in the physical demands you can still perform, then applying that percentage against the statutory number of weeks. The weekly rate is again 66 2/3% of your wages at the time of injury, subject to its own statutory cap.
Because several moving parts feed the calculation, ask your claims examiner - or the Employment Standards Division - to walk you through exactly how your rating and wage-loss factors were applied.
If your claim is denied
An insurer must accept or deny your claim within 30 days of receiving it (Mont. Code Ann. § 39-71-606). If your claim is denied, or you dispute a decision about your benefits:
Ask the other side in writing first. Before petitioning for mediation, notify the respondent in writing of your request and the reason for it, and allow 15 working days for a response (you may file sooner if they deny the request earlier).
File a mediation petition with the department's Dispute Resolution Section. Mediation is the statutorily required step before you can file with the Workers' Compensation Court. It is a confidential, nonbinding conference with an impartial mediator.
Respond to the mediator's recommendation. The mediator issues a written report and recommendation within about 10 working days after the conference, and you have 25 days from the mailing of the report to notify the mediator whether you accept it.
Petition the Workers' Compensation Court. If the dispute is still unresolved, a petition must be filed with the Montana Workers' Compensation Court within 2 years after benefits are denied (Mont. Code Ann. § 3-9-111(2)). Treat that as a hard deadline.
A note on that citation: this deadline used to sit at § 39-71-2905. The 2025 Legislature moved the Workers' Compensation Judge sections out of Title 39, chapter 71, part 29 and into Title 3, chapter 9 (Ch. 688, Laws of 2025). If you look up the old number on the state's site you will find only a "Renumbered" stub - the rule itself now lives at § 3-9-111(2). The deadline itself did not change.
Where to get help in Montana
Workers' Compensation Claims Assistance, Employment Standards Division - explains the process, answers questions, and acts as a liaison between you and the insurance adjuster: erd.dli.mt.gov/work-comp-claims/claims-assistance/, (406) 444-6543.
Montana Code Annotated, Title 39, Chapter 71 - the Workers' Compensation Act itself: mca.legmt.gov.
Montana Code Annotated, Title 3, Chapter 9 - the Workers' Compensation Judge sections, including the 2-year petition deadline at § 3-9-111(2): mca.legmt.gov.
This is general legal information about Montana law, not legal advice for your specific situation. Benefit maximums and other figures adjust periodically - confirm current amounts with the Employment Standards Division.
Frequently asked questions
How long do I have to report a work injury to my employer in Montana?
Under Mont. Code Ann. § 39-71-603, notice of the time and place the accident occurred and the nature of the injury must be given to your employer or its insurer within 30 days of the accident. If that notice is not given, the statute says the claim "may not be considered compensable." The statute does not require the notice to be in writing - actual knowledge of the accident and injury by your employer, or by the managing agent or superintendent in charge of your work, counts as notice - but reporting in writing (email, text, or an incident report you keep a copy of) gives you proof. Important exception: the 30 days do not always run from the day of the accident. Montana courts apply a latent-injury rule - the 30-day period is tolled while you were unaware that the incident had caused physical harm requiring medical treatment, and begins to run once you need treatment and believe the work incident caused that need (Bain v. Liberty Northwest, 2004 MTWCC 45; Killebrew v. Larson Cattle Co., 254 Mont. 513 (1992)). So if an injury did not show itself for weeks or months, do not assume you are barred - report it as soon as you realize it is work-related and seek help from the Employment Standards Division. Note also that this 30-day section does not apply to occupational diseases.
What is the deadline to file a workers' comp claim in Montana?
Under Mont. Code Ann. § 39-71-601, a claim must be presented in writing to your employer, its insurer, or the department within 12 months from the date of the accident. For an occupational disease, the claim must be presented within 1 year from the date you knew or should have known that your condition resulted from an occupational disease. The insurer may waive the time requirement for up to an additional 24 months in limited situations (lack of knowledge of disability, latent injury, or equitable estoppel) - but never plan around that exception. File as early as you can.
Who chooses my doctor for a Montana workers' comp injury?
You do, at first. Under Mont. Code Ann. § 39-71-1101, before the insurer's designation you may choose a provider from the categories listed in the statute for initial treatment; if that provider agrees to comply with the statute's requirements, that provider is your treating physician. Any time after the insurer accepts liability, it may designate or approve a treating physician, or direct you to a managed care organization or preferred provider organization for designation of a treating physician. The statute also bars an insurer, managed care organization, or provider organization from intimidating, coercing, or threatening a worker to use a particular treating physician.
How much does Montana workers' comp pay if I can't work?
Under Mont. Code Ann. § 39-71-701, temporary total disability benefits are 66 2/3% of the wages you received at the time of the injury, subject to a state maximum that is tied to Montana's average weekly wage and adjusts annually - confirm the current figure with the Employment Standards Division rather than relying on a number you read anywhere. Under Mont. Code Ann. § 39-71-736, compensation is not paid for the first 32 hours or 4 days of lost wages, whichever is less, and you become eligible starting with the 5th day. If you are totally disabled and unable to work in any capacity for 21 days or longer, compensation is paid retroactively to the first day of total wage loss. Medical and hospital services are furnished from the date of the injury.
What happens if my Montana workers' comp claim is denied?
An insurer must accept or deny a claim within 30 days of receipt (Mont. Code Ann. § 39-71-606). If your claim is denied or you dispute benefits, mediation through the department's Dispute Resolution Section is the statutorily required step before filing in the Workers' Compensation Court. Before petitioning for mediation, you must notify the other party in writing of your request and the reason for it and allow 15 working days for a response (you may file sooner if they deny the request earlier). Mediation is a confidential, nonbinding conference with an impartial mediator; the mediator issues a report and recommendation within 10 working days after the conference, and a party has 25 days from the mailing of that report to say whether it accepts the recommendation. If the dispute is unresolved, a petition to the Montana Workers' Compensation Court must be filed within 2 years after benefits are denied (Mont. Code Ann. § 3-9-111(2)). That rule used to be numbered § 39-71-2905; the 2025 Legislature moved the Workers' Compensation Judge sections out of Title 39, chapter 71, part 29 and into Title 3, chapter 9 (Ch. 688, Laws of 2025), so looking up the old number now returns only a "Renumbered" stub.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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