Hurt at Work
MCA 39-71-603 — notice to the employer within 30 days of the accident, and a signed written claim within 12 months
An injury is not compensable unless, within 30 days after the accident, the employer or its insurer is told the time and place of the accident and the nature of the injury. The employer's actual knowledge of the accident counts as notice.
Who handles this in Montana: Montana Employment Standards Division; and legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
- The claim itself is signed and presented in writing to the employer, the insurer or the department within 12 months of the accident.
- The insurer may waive that time by up to 24 more months for a latent injury or a lack of knowledge of the disability.
- For an occupational disease, the claim is due within 1 year of knowing the condition came from the work.
The insurer accepts or denies a signed claim within 30 days of receiving it, and a denial is given in writing to the claimant and the department.
Wage loss benefits are not paid for the first 32 hours or 4 days, whichever is less, unless the disability lasts 21 days or longer, when they are paid back to the first day. Medical care is covered from the date of injury.
For a permanent total disability, weekly benefits are 66 2/3% of the wage at the time of injury, up to the state's average weekly wage, for as long as the disability lasts.
Sources for this section (5)
- MCA 39-71-603 — Notice of injuries other than death to be submitted within 30 days -- exception
- MCA 39-71-601 — Statute of limitation on presentment of claim -- waiver
- MCA 39-71-606 — Insurer to accept or deny claim within 30 days of receipt -- notice of benefits and entitlements to claimants -- notice of denial -- notice of reopening -- notice to employer -- employer's right to loss information
- MCA 39-71-736 — Compensation -- from what dates paid
- MCA 39-71-702 — Compensation for permanent total disability
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.