Personal Injury

Workplace Injury Attorney, Montana

Hurt on the job? Montana's workers' compensation system is supposed to help, but it doesn't always work the way it should. And it isn't always your only option.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: June 19, 2026

Getting hurt at work can threaten your health and your paycheck at the same time. Montana's workers' compensation system is designed to provide benefits without a fight over fault, but in practice, claims get denied, benefits get cut off, and injured workers are left guessing. Just as importantly, workers' comp isn't always your only avenue. We help you secure the benefits you're owed and identify every claim available to you.

How Workers' Compensation Works in Montana

Under Montana's Workers' Compensation Act (Title 39, Chapter 71), employees injured in the course and scope of their work are generally entitled to no-fault benefits, meaning you don't have to prove your employer did anything wrong. The trade-off is that workers' comp is usually your exclusive remedy against your employer: you receive benefits instead of suing the employer directly.

What Benefits Cover

Medical care: reasonable treatment for your work injury
Wage-loss benefits: partial wage replacement while you can't work
Permanent impairment: compensation for lasting effects of the injury

When You Have a Third-Party Claim

Here's what many injured workers don't realize: if someone other than your employer caused your injury, you may have a separate third-party personal-injury claimon top of workers' comp. Think of a delivery driver hit by a negligent motorist, a worker hurt by defective equipment, or an injury on another company's unsafe premises. A third-party claim can recover damages, including pain and suffering, that workers' comp simply doesn't pay.

Deadlines Are Strict, Report Right Away

Montana requires you to notify your employer of a workplace injury within a limited time, with additional deadlines to file the workers' compensation claim itself. Missing them can put your benefits at risk. Report the injury in writing as soon as you can, keep copies, and get advice early so nothing slips through the cracks.

If You're Denied or Cut Off

Wrongful denials and abruptly terminated benefits are far too common. Insurers dispute whether an injury is work-related, second-guess your treatment, or underpay wage-loss. We help injured Montanans challenge these decisions and pursue both the workers' comp benefits and any third-party recovery they're entitled to.

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FAQ

Frequently Asked Questions

Do I have to prove fault to get workers' compensation?

No. Montana workers' compensation is a no-fault system, generally, if you're injured in the course and scope of your employment, you're entitled to benefits regardless of who was at fault. In exchange, workers' comp is usually your exclusive remedy against your employer, meaning you typically can't sue the employer directly for the injury.

What benefits can I receive?

Montana workers' compensation can cover reasonable medical treatment for the injury, wage-loss benefits while you're unable to work (such as temporary total or temporary partial disability), and compensation for permanent impairment. The specific benefits depend on the nature and severity of your injury.

Can I sue someone besides my employer?

Sometimes, and it can matter a great deal. If a party other than your employer caused or contributed to your injury (for example, a negligent driver, a property owner, or a defective-equipment manufacturer), you may have a separate third-party personal-injury claim in addition to workers' comp. Third-party claims can include damages, like pain and suffering, that workers' comp doesn't pay.

How quickly do I need to report a workplace injury?

Promptly. Montana law requires you to notify your employer of a work injury within a limited time, and there are deadlines to formally file a workers' compensation claim as well. Missing these deadlines can jeopardize your benefits, so report the injury in writing as soon as possible and get advice early.

What if my claim is denied or benefits are cut off?

Denials and terminated benefits are common, and challengeable. Insurers may dispute whether the injury is work-related, whether treatment is necessary, or how much wage-loss is owed. We can help you dispute a wrongful denial and fight to restore the benefits you're entitled to.

Injured on the Job?

Don't navigate it alone. Call 406-830-3060 for a free consultation about your benefits and any third-party claim.

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