After a workplace injury, Montana’s workers’ compensation system provides a framework for your recovery, but the process can be complex. An experienced Billings workers’ compensation lawyer advocates for you and works to secure the benefits you need.
At Yellowstone Law, we help injured workers move forward after a workplace accident. Contact us at (406) 259-9986 to discuss your case.
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Key Takeaways for Billings Workers’ Compensation Lawyer
- Montana law requires most employers to carry workers’ compensation insurance to cover employees injured on the job.
- Your benefits may cover medical treatments, wage replacement, and compensation for permanent impairments.
- Insurers can challenge or deny valid claims, creating significant roadblocks to recovery.
- Reporting your injury and filing Montana workers’ comp claims are subject to strict deadlines, so you must act quickly.
- An attorney helps you gather documentation, communicates with the insurer, and represents you in any disputes.
Why Choose Yellowstone Law for Your Workers’ Compensation Claim
You need a guide who knows the local system and is committed to your well-being. Yellowstone Law provides focused and effective representation for injured workers in Billings. We handle the legal details so you can concentrate on your health.
We’re a Part of the Billings Community
Our team lives and works right here in Billings. We understand the local industries and the challenges workers face, whether your injury happened downtown near the Skypoint arches or out in Billings Heights.
We represent clients from every neighborhood, from the West End to Lockwood, and are familiar with the medical providers and systems across our city.
We Cultivate Strong Client Relationships
We believe strong communication builds a successful case. You’ll always have access to your attorney and get regular updates on your claim’s progress. We nurture every case with personalized attention, taking the time to understand your specific situation and goals.
We Develop a Focused Legal Strategy
No two workplace accidents are the same. We carefully review the facts of your injury, whether it occurred on a construction site near Rimrock Mall or in an office building off Grand Avenue. Our team works to build a claim that accurately reflects your losses and future needs.
A Billings workers’ compensation lawyer from Yellowstone Law will handle every aspect of your case so you can focus on healing. We’ll protect your rights to workplace accident benefits. Call us today at (406) 259-9986 for a confidential consultation.
Understanding Montana Workers’ Comp Claims
The workers’ compensation system replaces traditional personal injury lawsuits against employers for most on-the-job injuries. The system acts as an insurance program that your employer pays into, and in exchange for this coverage, you generally cannot sue your employer for negligence.
An effective claim requires you to show that your injury occurred during the course and scope of your employment. This sounds simple, but disputes often arise.
The insurance company may question whether your duties caused the injury or argue that a pre-existing condition is the true source of your medical issues. Your legal team can graft your claim onto the established framework of Montana law.
What Workers’ Comp Benefits Can You Receive in Montana?
Montana’s system provides several types of assistance for injured workers. A Billings workers’ comp attorney helps you identify and pursue all available benefits.
Common examples include:
- Medical Benefits: These benefits pay for all reasonable medical treatment related to your work injury, including doctor visits, hospital stays, prescription medications, and physical therapy.
- Temporary Partial Disability (TPD): These benefits supplement your income if you return to a modified or light-duty position that pays less than you earned before your injury.
- Temporary Total Disability (TTD): If your doctor says you cannot work at all while you recover, TTD benefits replace a portion of your lost wages, typically two-thirds of your average weekly wage.
- Permanent Partial Disability (PPD): If your injury results in a permanent impairment but you can still work in some capacity, you may receive PPD benefits to compensate for the functional loss.
- Permanent Total Disability (PTD): If your work injury is catastrophic and prevents you from returning to any type of employment, PTD benefits provide ongoing wage replacement.
- Vocational Rehabilitation: If you cannot return to your previous job due to your injuries, these benefits may provide education or retraining for a new line of work.
- Death Benefits: In the tragic event that a worker passes away due to a work-related injury, surviving dependents are eligible to receive financial support.
Workplace Accidents Beyond Your Employer’s Control
While the workers’ compensation system generally prevents you from suing your employer, other parties can sometimes be held responsible for a work-related injury. These are known as third-party liability claims.
A diligent investigation may reveal that a person or company other than your employer contributed to the conditions that caused your accident. For example, if you were shocked and burned due to an electrician’s faulty wiring on a construction site, the electrical contractor may be liable.
If you were driving for work and another driver hit you, that driver can be held accountable. A defective piece of machinery could also lead to a claim against the manufacturer.
These third-party claims are separate from your workers’ compensation case and can provide compensation for damages otherwise unavailable, such as pain and suffering. A skilled Billings workers’ compensation lawyer will investigate all potential sources of liability.
Yellowstone Law can simultaneously manage your workers’ compensation claim and a potential third-party lawsuit to pursue a full recovery for you.
Common Reasons for a Denied Workers’ Comp Claim in Montana
Insurance companies sometimes deny legitimate claims to protect their profits. An insurer may look for any reason to issue a denial, even if the reason lacks merit. Having a Billings workers’ comp lawyer on your side prepares you to fight back against an unjust denial.
Some reasons insurers give for denials:
- Missed Reporting Deadlines: Montana law requires you to report your injury to your employer promptly, generally within 30 days.
- Disputes Over a Pre-Existing Condition: The insurer might claim that a prior injury or condition, not your work duties, is the primary cause of your medical problems.
- Allegations the Injury Is Not Work-Related: The insurance company may argue that you weren’t on the clock or performing work duties when the injury occurred.
- Inconsistencies in Your Account: Any difference between your initial report and later statements or medical records can be used as a reason to question your claim’s validity.
You don’t have to accept a denial without a fight. An attorney can review the insurer’s reasoning and develop a strategy to challenge it. Yellowstone Law works to prune away weak arguments from the insurance company, leaving only the strong, evidence-based facts of your case.
Handling Accidents in Key Billings Industries
Billings is a hub for diverse and demanding industries, each with unique workplace hazards. At Yellowstone Law, we represent workers from the key economic sectors that drive our community. We understand the specific challenges you face.
Construction and Trade Accidents
Construction sites, from new developments in the Shiloh Conservation Area to projects along the I-90 corridor, present constant risks. We represent tradespeople injured in falls, equipment malfunctions, and accidents involving multiple contractors.
These cases often require a deep dive into safety regulations and contracts to identify all responsible parties.
Healthcare and Service Industry Injuries
As home to major medical centers like Billings Clinic and Intermountain Health St. Vincent Healthcare, our city employs thousands of healthcare professionals. Nurses, aides, and hospital staff often suffer injuries from lifting and moving patients or from slips and falls on dangerous surfaces.
We also assist workers in the retail and hospitality sectors who face similar risks in fast-paced environments.
Oilfield and Transportation Incidents
Billings serves as a critical operational center for the Bakken oilfields and a major transportation crossroads. Oilfield workers and commercial truck drivers frequently sustain serious injuries from equipment failures, vehicle accidents, and hazardous material exposure.
Our experienced workers’ comp attorneys in Billings know how to take on the large corporations that often dominate these industries.
What To Do After a Work Injury in Billings
Your actions immediately after a workplace accident can greatly impact your ability to receive benefits. Following the correct steps protects your health and your legal rights. Your priority is always your well-being.
Follow these steps:
- Seek Medical Attention: Get a medical evaluation right away, even if you think your injury is minor. Explain to the doctor exactly how the injury happened at work, and be sure they document it in your medical records.
- Report the Injury Immediately: Notify your supervisor or manager about your accident as soon as possible. Create a written record of the notification, noting the date, time, and the person you spoke with.
- Follow Medical Advice: Adhere strictly to your doctor’s treatment plan. Attend all follow-up appointments, go to physical therapy, and take prescribed medications.
- Contact a Lawyer: You can strengthen your case by speaking with a qualified Billings workers’ comp attorney. An initial consultation helps you understand your options and the path ahead.
The Role of a Billings Workers’ Compensation Lawyer
When you hire a lawyer, you get a professional advocate who manages every aspect of your claim. An attorney lifts the burden from your shoulders so you can prioritize your recovery. They handle communications, file paperwork correctly, and stand up for you when challenges arise.
Your Billings workers’ comp attorney’s primary functions include:
- Investigating Your Accident: A lawyer gathers evidence, such as accident reports, witness statements, and medical records, to build a comprehensive case file.
- Managing Deadlines: The Montana workers’ compensation system has strict time limits for reporting your injury and filing a claim; your attorney makes sure all documents reach their destination on time.
- Communicating With the Insurer: An attorney handles all phone calls, emails, and correspondence with the insurance adjuster, protecting you from saying something that could weaken your claim.
- Appealing a Denied Claim: If your workers’ comp claim gets denied in Montana, a lawyer can immediately begin the appeals process and represent you in court hearings.
FAQ for Billings Workers’ Compensation Lawyer
What if My Employer Doesn’t Have Workers’ Compensation Insurance?
Montana law requires nearly all employers to carry workers’ compensation insurance. If your employer fails to maintain this coverage, you may have the option to sue them directly in civil court for your damages.
This process differs significantly from a standard workers’ comp claim, so speak with a lawyer immediately.
How Much Does Workers’ Comp Pay in Montana?
For those unable to work, wage loss benefits are typically calculated at two-thirds of your gross average weekly wage at the time of injury, subject to state maximums.
Benefit calculations for permanent impairments depend on the body part affected and the impairment rating assigned by a physician.
What if I Can Return to Work but in a Different Role?
If your doctor releases you to work with restrictions and your employer accommodates them with a light-duty position, you’re generally expected to accept it. If the new position pays less than your pre-injury job, you may qualify for temporary partial disability benefits to make up some of the difference.
Refusing a suitable light-duty offer can put your benefits at risk.
Can I Be Fired for Filing a Montana Workers’ Comp Claim?
State law prohibits an employer from retaliating against you for filing a workers’ compensation claim. Your employer cannot legally fire, demote, or punish you for exercising your right to seek benefits.
If you believe your employer has taken action against you for filing a claim, you may have grounds for a separate wrongful termination lawsuit.
How Can a Billings Workers’ Compensation Lawyer Help My Case?
A Billings workers’ compensation lawyer provides comprehensive support from start to finish. They manage all paperwork, develop a strategy to prove your injury is work-related, negotiate with the insurance company, and represent you in any formal hearings.
Yellowstone Law nurtures your claim through each stage of the process, handling the legal complexities while you focus on recovery.
Call Yellowstone Law Today
Shane D. Colton, Billings Workers’ Compensation Lawyer
Yellowstone Law provides the steady guidance and dedicated advocacy needed to see you through this difficult time. Our personal injury attorneys help injured workers in Yellowstone County secure the resources they need to rebuild their lives.
Contact a Billings workers’ compensation lawyer today at (406) 259-9986 to schedule a consultation.
SCHEDULE FOR A FREE CASE EVALUATION
Yellowstone Law – Office Location
310 Grand Avenue,
Billings, MT 59101
Call Now For A Free Consultation(406) 259-9986