Workers' comp deadlines in Montana: tell your employer and file

Tell your employer in Montana

Time limit

30 days

Counted from

The date of the accident

In writing?

The law does not require writing

If you are late

A claim for an injury cannot be considered compensable unless notice is given within 30 days, unless your employer (or its managing agent or superintendent) actually knew about the accident and injury.

Illness that develops over time

The 30-day notice rule does not apply to occupational diseases (conditions caused by events on more than a single day or work shift).

Report every on-the-job injury to your supervisor, employer or the insurer as soon as possible, even if you do not get medical treatment. You must give notice within 30 days of the accident, including the time and place of the accident and the nature of the injury. If your employer, a managing agent, or the superintendent in charge of your work actually knew about the accident and injury, that counts as notice.

Law: Mont. Code Ann. § 39-71-603

Source: erd.dli.mt.gov

File your claim in Montana

Time limit

12 months

Counted from

The date of the accident (occupational disease: the date you knew or should have known your condition resulted from an occupational disease)

What to file

A signed First Report of Injury and Occupational Disease (FROI), given to your employer, the insurer, or the Department of Labor & Industry

Claim form

First Report of Injury and Occupational Disease (FROI)

Who files it

You sign the First Report of Injury (FROI) and give it to your employer, the insurer, or the Department of Labor & Industry. FROI forms are available from your employer, the insurer, or the DLI website. Signing the FROI confirms the information is true and authorizes your health care providers to share relevant records with the insurer.

What your employer must do

Your employer must file a full report of every work injury or occupational disease with its insurer, and the insurer must file reports with the Department, under DLI rules. An employer or insurer that does not file required reports can be fined $200 to $500 per offense.

When the insurer decides

Once the insurer receives your signed claim, it has 30 days to accept or deny it and must tell you and the Department in writing if it denies. The insurer may start paying within 30 days without admitting liability, but not for more than 90 days without your written consent or Department approval. Missing the 30 days does not automatically make the claim accepted, but the insurer may be penalized if the claim is later found compensable.

Illness that develops over time

For an occupational disease, submit a signed FROI to your employer, the insurer, or DLI within 1 year from the date you knew or should have known that your condition resulted from an occupational disease.

You must submit a signed claim form (First Report of Injury, FROI) within 12 months of the accident. You can give it to your employer, the workers' compensation insurer, or the Department of Labor & Industry. The insurer may extend this by up to 24 more months if you show you did not know of the disability, the injury was latent, or equitable estoppel applies.

Law: Mont. Code Ann. § 39-71-601

Law: Mont. Code Ann. §§ 39-71-307, 39-71-604, 39-71-606, 39-71-608

Source: erd.dli.mt.gov

Waiting period and first payment in Montana

Waiting period

Wage loss benefits are not paid for the first 32 hours or 4 days of wage loss, whichever is less. You become eligible starting with the 33rd hour or the fifth day. Each day of sick leave you take counts toward the 4-day waiting period. Medical benefits are paid from the date of injury.

Paid back for the waiting days

If you are totally disabled and unable to work in any capacity for 21 days or longer, you are paid back to the first day of total wage loss (unless you took sick leave for those days and choose to waive that part).

How often you are paid

Every two weeks

Law: Mont. Code Ann. §§ 39-71-736, 39-71-701(6)

Source: leg.mt.gov

Deadline helper

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