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The Employment Relations Division of the Department of Labor and Industry is responsible for Workers' Compensation in Montana. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Montana. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Employment Relations Division, and is believed current as of January 2011.
In Montana, compensation benefits are adjusted annually, and changes become effective July 1 of each year. The rates shown below are in effect from July 1, 2010 to June 30, 2011.
In Montana, workers' compensation is compulsory, but some waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.
Agricultural workers are covered the same as all other employees.
Employers are permitted to provide voluntary coverage.
A claimant copayment of 20 percent of the cost of each visit to a provider (up to $10) and $25 for each subsequent visit to a hospital emergency department for treatment is required, unless the employee uses the managed care or preferred provider organization requested by the insurer.
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is payable, but not statutorily prescribed, and the maximum is $633, 100% of SAWW. The maximum period of payments is the duration of disability, or until the worker is released to pre-injury job or similar employment. WC benefits are subject to Social Security benefit offsets.
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is payable, but not statutorily prescribed, and the maximum is $633, 100% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to Social Security benefit offsets.
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is payable but not statutorily prescribed, and the maximum is $316.50, 50% of SAWW. For non-scheduled injuries, the maximum period of payments is 375 weeks and the maximum payment is $118,687. Ratings for compensation purposes are determined as a percentage of permanent total disability. Wage loss benefits are determined by multiplying the percentage of impairment by 375 weeks not to exceed a permanent partial disability rating of 100%. WC benefits are subject to Social Security benefit offsets.
Montana law covers disfigurement that is "Serious; face, head, or neck". Benefits are a maximum of $2,500.
Sections 39-71-701(2) and 39-71-702(2)-- If periodic disability benefits are payable to the worker under the Federal OASDI, weekly temporary total and permanent total disability benefits resulting from both injury and occupational disease shall be reduced by an amount approximating one-half (but not below zero) of the Federal benefit for such week which amount is to be calculated from the date of the Social Security disability entitlement.
Claims Assistance Bureau
Employment Relations Division
Department of Labor and Industry
PO Box 1728
Helena, MT 59624-1728
Phone: (406) 444-6534
Internet: http://erd.dli.mt.gov/wcca-bureau.html
Montana Workers' Compensation laws are available online at:
http://data.opi.mt.gov/bills/mca_toc/39_71.htm
The Department of Labor and Industry Administrative Rules are available on the Secretary of State web site and include these chapters:
· Chapter 28 Workers' Compensation Mediation:
http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=24.28
· Chapter 29 Workers' Compensation and Occupational Disease:
http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=24.29
· Chapter 33 Contractor Registration:
http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=24.33
· Chapter 35 Independent Contractors:
http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=24.35
The Montana Workers' Compensation Court website is at:
http://wcc.dli.mt.gov/
Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.
Information for this topic was drawn from the DLI ERD website at:
http://erd.dli.mt.gov/wcca-bureau.html
http://erd.dli.mt.gov/workers-comp-claims-assistance/claims-assistance-unit/compensation-benefits-summary.html
http://erd.dli.mt.gov/images/stories/pdf/wcca/comp_rates/ratechart06-10.pdf
Additional information for this topic was drawn from the Workers' Compensation Court website at:
http://wcc.dli.mt.gov/
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