Missoula Workplace Injury Attorney

Whether you work in the office or at a construction site, there is a risk of injury on the job.

Fortunately, there are protections in place to provide workers with compensation for any losses they may suffer due to a workplace injury. That includes the ability to recover lost wages. Those protections come from the Montana workers’ compensation program. What happens if your employer doesn’t have workers’ comp, or your position isn’t covered?

In such scenarios, it is advisable to consult with an experienced Missoula workplace injury lawyer, such as the team at Western Justice Associates, PLLC. We have extensive knowledge of how the state’s workers’ compensation program is designed to function and have helped many clients achieve the maximum benefits they are entitled to.

Depending on the circumstances, we also work outside the workers’ compensation claim process to help injured workers who may not be covered. When an accident happens on the job, you should not be responsible for paying your medical bills or suffer from lost wages.

As with any type of personal injury claim, with a workplace injury, you’ll have options. It will help you to understand how the workers’ compensation regulations might apply to your situation and what happens if they don’t.

Who Is Eligible to Apply for Workers’ Compensation?

The first thing to consider with a workers’ compensation claim is who is eligible. Montana mandates that all employers must carry workers’ compensation insurance. The Workers’ Compensation Management Bureau regulates that program.

This is a no-fault system. That means that if you might be partially to blame for the accident, you can still receive benefits. The only exception would be if you are under the influence of drugs or alcohol when injured or were in violation of the law. For instance, if you got into a fight with a coworker that led to an injury, you could not file a workers’ comp claim.

Most full-time and part-time employees are eligible to file for a workers’ compensation claim, provided the company has the insurance in place. If you are hired as an independent contractor, you would not be eligible. Other exemptions to filing include sole proprietors and corporate officers.

Keep in mind that workers’ compensation will only cover injuries that happen while you are performing your work duties. That can include running errands assigned to you by your supervisor. You would not be able to file a claim if you were merely driving to or from work and got into a car accident.

You would only be able to make a claim if you were driving for work, such as in a sales or delivery position. If you were injured on your lunch break, you wouldn’t be eligible.

What Are the Types of Injuries Covered by Worker’s Compensation in Missoula?

There are two general types of workplace injuries. Those include traumatic injuries or occupational injuries. Traumatic injuries are typically the result of one-time accidents, whereas occupational injuries or illnesses often occur over a prolonged period. For example, repetitive motion injuries, such as tendinitis and carpal tunnel syndrome, or exposure to asbestos or other hazardous chemicals would be considered occupational injuries.

Here are some of the other injuries that workers’ compensation could cover:

• Head trauma due to falling objects and falls
• Cuts and abrasions
• Back and neck injuries
• Torn ligaments or meniscus
• Shoulder injuries
• Burn injuries due to fire, electricity, or chemicals
• Psychological trauma, such as Post-Traumatic Stress Disorder (PTSD)
• Spinal cord injuries
• Broken bones and sprains
• Death from fatal workplace injuries

What Are the Available Workers’ Compensation Benefits?

Workers’ compensation is like having a backup insurance policy that strictly covers you when you’re on the job. You do not pay for this insurance, nor is it deducted from your salary. Your employer pays for the policy. The workers’ compensation insurance provides benefits to eligible injured workers in five basic categories:

Medical Care

These payments go directly to the doctor who treated you and/or the hospital where you received care. All medical expenses related to your injury, including exams, treatment, surgery, hospitalization, prescriptions, and medical supplies, should be covered.

Temporary Disability Payments

Temporary disability payments are meant to cover a portion of your lost wages if the injuries force you to stay off the job while you recover.

Permanent Disability Payments

If the workplace injury prevents you from going back to work at all, these payments are meant to support you and your family.

Supplemental Job Displacement Benefits

Suppose your injury prevents you from going back to the same type of work. In that case, the supplement job displacement benefits can cover the costs of occupational therapy or other training to help you secure a new position.

Death Benefits

When a workplace injury results in a death, the surviving family is entitled to benefits under the workers’ compensation plan.

How Can a Missoula Workplace Injury Lawyer Help?

The workers’ compensation begins when your employer files a First Report of Injury (FROI). That report goes directly to the workers’ compensation insurance carrier and must be filed within 6 days of your employer learning about the injury. That is why you need to notify your employer as soon as possible.

Once the FROI is completed, you will follow the procedures set out by your employer regarding whom you can seek medical care from. This process is designed to be streamlined, allowing injured workers to receive the benefits they are entitled to as quickly as possible.

However, just because the process is supposed to be easy doesn’t mean there won’t be complications. That is where Western Justice Associates, PLLC, can be of assistance.

Here are some of the situations where our experienced Missoula workplace injury lawyer can step in and advocate on your behalf:

Delayed Claims

The filing of the FROI is the first of many deadlines you must comply with. When that report is lacking or delayed, it can impact the entire claims process. Your injury might be too severe to get you to respond quickly, but once you do file, you shouldn’t be waiting long for a response.

If you are not receiving a response from the workers’ compensation carrier, we may be able to help you navigate the red tape to determine the issue. Sometimes it could be an error with your information or an inconsistency in the injury reports. Your doctor also plays a vital role in filing reports. We can review the checklist to ensure that the workers’ compensation carrier has all the necessary information to process your claim.

Denied Claims

There is no guarantee that you’ll receive workers’ compensation for a reported injury. The workers’ compensation board can deny your claim. They might have a dispute about the nature of your injury and whether it is truly work-related. There could also be an issue with the amount of benefits they are willing to pay. Is that the fair amount based on your salary?

You are entitled to appeal your claim and request a mediation conference to review.

First, you have to send a letter to the insurance company detailing why you disagree with their denial. If that company reasserts its denial or fails to respond, you can request the mediation conference.

This conference will arrange a call between you and the insurance company to resolve the dispute.

You’re entitled to have your attorney by your side and to get counsel before the call. The mediator’s ruling is not automatically binding. If the insurance company rejects their decision, you can move on to the next option: a hearing.

Workers’ Compensation Hearing

In order for your petition for a hearing to be considered, it must be filed within two years after your benefits were denied. You will most likely want to move this matter along quickly. If we agree to work with you, we can expedite the process.

The hearing will be in front of a workers’ compensation judge who is independent but specializes in these types of cases. You and your attorney will be allowed to present all the relevant evidence.

You might also be called to testify. Our attorneys have extensive experience preparing clients for their appeal presentations.

If the judge upholds the denial, you are entitled to file a final appeal with the Montana Supreme Court.

This will be your last chance to have the matter heard. If Western Justice Associates, PLLC, is your advocate, we will keep you informed throughout every step of the appeal process.

Additional Workplace Injury Support

There are other options available to pursue a workplace injury claim outside of the workers’ compensation process. If you were an independent contractor and were injured because of your employer’s negligence, you could file a personal injury claim against them. The same goes if you were injured as an employee by a third-party vendor.

In those instances, we could assist with filing a claim against the company’s general insurance carrier. This is another process that relies on negotiations and may involve litigation in a courtroom.

Frequently Asked Questions

While you recover from your workplace injuries, the medical bills pile up. You could also face a drain on your savings without your salary coming in. You’ll have a lot of questions about what the best way is to be compensated for your losses. We can provide the answers to those questions, including the ones listed below:

Can I be fired if I go on workers’ compensation leave?

Unfortunately, Montana does not offer job protection for employees under its state’s workers’ compensation laws. That means your employer could terminate your employment as long as there is a legitimate reason, such as needing to hire someone to complete your job. However, the act of filing for workers’ compensation is not considered an actionable cause for termination.

How long do I have to wait for a response to my claim?

There is no set time for an insurer to respond to your workers’ compensation claim. It could take a few weeks or even months to get your first response. This is the type of issue where an attorney can step in and determine the root cause of the delay.

How common are workplace injuries?

According to the National Safety Council, there were over 4,070,000 workplace injuries nationwide in 2023 that required medical attention. There were also 4,543 deaths due to workplace injury.

Can I file a claim if I’m undocumented?

Undocumented workers are generally entitled to receive workers’ compensation if they are injured on the job. There are added complications with these types of filings, and you should speak with an attorney before you go into the system.

How do I prove an occupational injury happened on the job?

There might come a time when an injury that has progressed over time is exacerbated by your current job, forcing you to seek medical attention. In that case, your employer will still need to submit an FROI to start the claim process. You can also use your medical records to support the notion that this injury has been chronic for some time.

Will I get my full salary if I file a workers’ compensation claim?

No, you do not get your full salary. Instead, you will receive approximately two-thirds of your gross wages, up to the maximum benefit set by the state, which is currently around $800 per week.

Set Up a Free Consultation with Western Justice Associates, PLLC

On paper, workers’ compensation is a supportive program that provides support for injured employees. In reality, filing correctly can become a complicated process, and there is no guarantee that you’ll receive the benefits you deserve.

When you face delays or denials, you want to speak with Western Justice Associates, PLLC.

We can provide you with the information you need to understand the challenges you might face with your workers’ compensation claim. We can also provide you with an understanding of all your available options for an appeal. Our goal is to help our clients obtain the maximum benefits they are entitled to.

To get started, please call to schedule a complimentary consultation. We’ll put you in touch with a Missoula workplace injury lawyer to help answer your questions and discuss your options.