Most people assume they have plenty of time to file a workers’ compensation claim and deal with the paperwork after getting hurt on the job. See a medical provider, focus on healing, and sort out the claim later. In Montana, that instinct can bar your workers’ compensation claim, because the clock to report your injury starts ticking the moment the injury occurs, not when you get around to telling someone about it.
Here’s what the law actually requires, and why the deadline that applies to on-the-job injuries is shorter than you might think.
The 30-Day Rule Under Montana Law
Under Montana Code Annotated § 39-71-603, an injured worker must notify their employer or their employer’s insurer of a workplace injury within 30 days of the accident. The notice must include the time, place, and nature of the accident. This not a soft deadline, as the statute states a claim “may not be considered compensable” unless notice is provided to the employer or the employer’s insurer within that 30-day window. An employer’s “actual knowledge” of the accident constitutes “notice” under this statute, but the injured worker is responsible for ensuring the employer or its insurer has notice within 30-days from the date of the accident.
This means a worker who is hurt at work, but does not think an injury is serious enough to report, may have a real problem if they wait past the 30-day mark to notify their employer of the accident or injury.
A Second, Separate Deadline: Filing the Actual Claim
Reporting the injury to your employer is the first step in the claim reporting process. Step two is filing a workers’ compensation claim, and many injured workers do not realize there’s a second deadline for filing a claim.
Under Montana Code Annotated § 39-71-601, an injured worker has 12 months (one year) from the date of the accident to file a written claim with their employer, the insurer, or the Montana Department of Labor and Industry. That window can be extended to 24 months in limited situations, such as a latent injury that was not immediately apparent, or a lack of knowledge that the resulting disability was connected to the workplace incident. However, that extension is not automatic, and it is always best to file a signed First Report of Injury as quickly as possible after a work-related injury occurs. If you need assistance filing a claim, refer to the Montana Department of Labor and Industry’s website at dli.mt.gov.
So, there are effectively two clocks running after a workplace injury occurs in Montana: a short, 30-day deadline for notifying your employer or your employer’s workers’ compensation insurer; and a 12-month deadline for filing the actual claim with your employer, the employer’s insurer, or the Montana Department of Labor and Industry.
Note: Do not hesitate to ask your employer for the name and contact information for its workers’ compensation insurer. The employer is statutorily required to “conspicuously” post this information at the workplace, but you also have the right to request that information in order to file a claim directly with the insurer.
What This Looks Like for Injured Workers in Missoula and Hamilton
A few practical takeaways for anyone injured on the job in western Montana:
Report the injury to your employer immediately, even if it seems like a minor injury at first. An injury that may be manageable initially can become troublesome down the road, and you do not want to fret about filing a claim when the reporting and filing deadlines are about to run. Keep records as well, including a copy of the written notice you gave your employer, the date you gave it, and confirmation of the person you provided notice.
Also, see a medical provider as soon as possible and talk to the provider about your work duties and any physical limitations caused by your injury.
Reporting your injury and filing a workers’ compensation claim are two distinct steps with two different deadlines. Missing the second one because you assumed the first one covered you is a common, avoidable mistake.
When to Talk to an Attorney
Workers’ compensation deadlines in Montana are strict, and insurers routinely scrutinize the timing of a claim when looking for a reason to deny it. If you are hurt at work and are not sure whether you’re still inside your reporting or filing windows, or if a claim has already been delayed or denied over a timing issue, it’s worth getting a clear answer before you assume it’s too late.
Carey Law Firm, P.C. offers free consultations for injured workers in Missoula, Hamilton, and across western Montana. We can help you understand exactly where your claim stands and what steps to take next.
Disclaimer
This article is intended to provide general information about Montana workers’ compensation law and should not be relied upon as legal advice for any specific situation. Deadlines and exceptions can vary based on individual circumstances, employer policies, and the type of injury involved. If you have questions about your own case, consult with an attorney.