Missoula Workplace Injury Lawyer

While on the job, Missoula employees can experience injuries or illnesses. Some workplace accidents cause minor wounds that heal in a few days or weeks. However, others may lead to debilitating illnesses or injuries, resulting in permanent disability or even death.

In most cases, employees can file a claim with their employer’s workers’ compensation insurance policy. They will receive benefits to help compensate for medical bills and lost wages. However, what happens when the claim is denied?

If you or someone you know has been affected by a workplace injury, reach out to a Missoula workplace injury lawyer. At Western Justice Associates, PLLC, we will work with you to understand the details of your case, explain your legal options, and fight for the compensation you deserve.

Workplace Injuries in Missoula

Montana is home to many different types of industries, from agriculture to manufacturing. In any of these workplaces, there is always a risk of injuries.

Even those workers in traditional “office” jobs are also at risk of becoming hurt on the job. Some of these common workplace injuries include:

• Falls can happen due to slippery floors, uneven surfaces, or working at heights.
• Lifting, carrying, pushing, or pulling heavy objects can lead to overexertion.
• Machinery accidents can result in severe injuries or even fatalities.

Not all workplace injuries are the same. Often, they can vary in their severity and impact on an employee. A few of these examples can include:

• Minor injuries, such as scrapes or sprains, do not affect the worker’s ability to perform their job, but they could cause long-term issues if not addressed.
• Major injuries, like burns and broken bones, will require rehabilitation and can lead to life-changing consequences.
• Occupational illnesses are another type of workplace injury. Some employees face exposure to harmful substances. As a result, they may develop health complications, leading to extensive medical care or even death. Asbestos cases are some of the most common examples of these illnesses.
• Fatal injuries are the most tragic outcome of workplace injuries. A simple mistake on the job can lead to these unfortunate consequences. These injuries are common on construction sites or other places with heavy machinery.

If you have experienced a workplace injury, you will often file a workers’ compensation claim. With that, you will be paid benefits until you can return to work. In some cases, you may be able to claim permanent disability benefits if the injury prevents you from working in your previous role.

Workers’ Compensation in Montana

As an injured worker in Montana, you will have to follow the process to make a workers’ compensation claim. Usually, you will have to report the claim to your manager, supervisor, or department head. You should complete this step as soon as possible; you have a 30-day time limit in Montana. Make sure to note when, where, and how the injury occurred.

After that, you must seek medical treatment for the injury. With that, you can make sure that the injury is treated, plus you will also have a documented medical record trail of the injury. A medical record will be important if you want to file a workers’ compensation claim. Along with the initial treatment records, you need to keep copies of all medical documentation and bills.

The next step is filing a workers’ compensation claim with the Montana Department of Labor & Industry. Your superior will usually complete this step, which involves filling out a First Report of Injury (FROI) form. If your employer has not filled out the form, you can find one on the Department of Labor & Industry’s website.

Most of the time, these claims are approved. But sometimes, they can be denied. In those instances, you may need to reach out to a Missoula workplace injury lawyer.

What Are Your Workplace Rights?

Workers have rights when it comes to these workers’ compensation claims. First, they have the right to receive necessary medical treatment for their injuries, such as:

• Emergency services
• Ongoing care and treatment
• Surgeries
• Rehabilitation
• Medications

All costs should be covered by the employer’s workers’ compensation insurance. Also, workers have the right to disability compensation if they are unable to work due to their injury.

Disability compensation is a form of wage replacement compensating workers for their lost income. The amount of compensation depends on the worker’s average wage before the injury and the severity of their disability.

Once workers recover from their injuries, they have the right to return to their jobs. If the worker cannot perform their previous job due to their injury, the employer needs to provide suitable alternative work, if available.

Injured workers also have the right to be represented by an attorney throughout the workers’ compensation process. This can be important if the worker’s claim is denied or if there are disputes about the injury or the appropriate level of benefits.

Finally, workers have the right not to be retaliated against for filing a workers’ compensation claim. With that, employers cannot fire, demote, harass, or otherwise discriminate against a worker because they have filed a lawsuit.

What Happens If a Workers’ Comp Claim Is Denied?

If you file for workers’ compensation and your claim is denied, it can be a stressful experience. But in Montana, you have the right to appeal a denied claim. You can request mediation or file a petition with the Workers’ Compensation Court.

Since the appeals process can be complicated, you might want to work with a Missoula workplace injury lawyer. Often, claims are denied due to a dispute about the injury. Sometimes, there may be a disagreement about whether it had occurred on the worksite.

For that reason, you will want a skilled and knowledgeable legal team to help with your case. They can present the evidence and help to negotiate on your behalf. In turn, you can increase your chances of successfully appealing a denied claim and receiving the compensation you deserve.

Can I File a Lawsuit for a Workplace Injury?

If you have suffered a workplace injury in Montana, you may want to know if you can file a lawsuit to seek compensation for your damages. While workers’ compensation benefits are intended to provide financial assistance, there are certain circumstances where you could file a lawsuit.

For example, if a third party, such as a manufacturer of defective equipment, causes your injury, you may be able to initiate a claim. In this case, you can file a third-party injury lawsuit against that party to recover damages for your injury.

If you believe your injuries result from another party other than your employer, you may want to discuss your options with a Missoula workplace injury lawyer.

Learn More About Your Legal Options

If you’re facing difficulties obtaining your worker’s compensation benefits or need to file a lawsuit against a third party for a workplace injury, allow a Missoula workplace injury attorney to handle your case.

At Western Justice Associates, PLLC, we will work to ensure that you receive the compensation you are entitled to. To schedule a consultation, please contact our office today.