Workers' Compensation: Montana

Federal law and guidance on this subject should be reviewed together with this section.

Author: Nicole Farley, Fisher Phillips.

Summary

• All Montana employers are required to post the Montana Workers' Compensation Poster in the workplace. See Notice Requirements.
• All employers, with few exceptions, must provide workers' compensation insurance to cover their exposure for workplace accidents and employee exposure to occupational diseases. See Covered Employers.
• All employees are covered by workers' compensation insurance, with a few notable exceptions. See Covered Employees.
• Montana's workers' compensation system is a no-fault system. Employers, or their insurers, must compensate workers for any injury or occupational illness arising out of the job, regardless of who is at fault for the injury or exposure, with some exceptions. See Compensable Injuries.
• Employers may not be liable for certain injuries incurred on the job. See Employer Defenses to Workers' Compensation Claims.
• Injured workers are entitled to reasonable primary medical services for compensable injuries or occupational diseases, for periods outlined in the law. See Medical Benefits.
• Workers' compensation also provides payment in the form of wage replacement and other benefits. See Other Benefits.
• An employer may not terminate or retaliate against an injured worker for filing a workers' compensation claim. See Retaliation.
• All disputes must be heard by a mediator of the Department of Labor and Industry (DLI), and, if mediation fails, either party may petition the workers' compensation court for resolution. See Claims Procedure.