Workers' comp claim denied in Montana: what to do next

First, tell the insurer in writing what you want and why, with supporting documents. The insurer has 15 working days to answer in writing. If it denies your request, file a mediation petition with the DLI Dispute Resolution Section (by email to DLIERDMediation@mt.gov or by mail).

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Montana

Who decides: DLI Dispute Resolution Section (mediation), then the Montana Workers' Compensation Court
First step: First, tell the insurer in writing what you want and why, with supporting documents. The insurer has 15 working days to answer in writing. If it denies your request, file a mediation petition with the DLI Dispute Resolution Section (by email to DLIERDMediation@mt.gov or by mail). Mediation is required in most cases before you can go to court.
Form: Workers' Compensation Mediation Petition
Deadline: After the mediation requirements are met, you have 2 years from the date of the denial of benefits to petition the Workers' Compensation Court.
Medical disagreements: Treatment must follow the Montana Utilization and Treatment Guidelines unless the provider gets prior authorization from the insurer. Disputes about medical benefits go through the same written demand, mediation and court steps; DLI also runs an independent medical review process for treatment outside the guidelines.
: Mediation petition in Spanish (Petición de mediación)
Mediation petition instructions
Appealing the decision: Montana Supreme Court (from the Workers' Compensation Court).

Send the insurer a specific written demand with an explanation and documents; it must respond in writing within 15 working days.
File a petition for mediation with DLI. A DLI mediator holds a confidential, nonbinding conference (in person or by phone).
The mediator issues a written recommendation. You must tell the mediator within 25 days of its mailing whether you accept it.
If the dispute is not resolved, petition the Montana Workers' Compensation Court. You have 2 years from the date benefits were denied, after meeting the mediation requirements.
Workers' Compensation Court decisions can be appealed to the Montana Supreme Court.

Law: Mont. Code Ann. §§ 39-71-2401, 39-71-2408, 39-71-2411

Source: erd.dli.mt.gov

Sources

The official sources for Montana are listed on the Montana page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org