Workers’ Compensation Lawyers in Montana
The workers’ compensation lawyers in Montana at Bulman, Jones, & Cook PLLC help individuals who have been injured on the job. If your workers’ compensation claim has been denied, we can help you appeal your denied workers’ compensation claim. If your loved one suffered a fatal injury on the job, the workers comp attorneys in Montana at Bulman, Jones, & Cook PLLC can help your family navigate the workers’ compensation benefits claim process during this difficult time. Many issues can arise with workers’ compensation claims, including denied claims, underpaid claims, or eligibility issues due to employer misclassification of workers as independent contractors. If you or your family are facing any of these issues, you may want to speak to the Montana workers’ compensation lawyers at Bulman, Jones, & Cook today.
How Do I Make a Workers’ Compensation Claim in Montana?
If you have been injured in a workplace accident, you may be entitled to make a workers’ compensation claim under Montana law. Virtually all employers and businesses are required to have workers’ compensation insurance to cover their employees in the event of a workplace accident or injury. Workers’ compensation insurance provides coverage for medical care, rehabilitative care, funeral costs, workplace related illnesses, lost wages, disability benefits, and funeral expenses. Very few workers in Montana are exempt from workers’ compensation coverage. If you are an independent contractor in Montana, you may be exempt from workers’ compensation coverage but may be entitled to pursue other avenues to make a claim if an unsafe or hazardous workplace, or if untrained employees resulted in your injuries and losses.
In most cases, if you’ve been injured on the job, you’ll let your employer or supervisor know you’ve been hurt, and a workers’ compensation claim will be made. Generally, the employee’s responsibility is to submit a report of injury to their employer. Your company’s human resources department or manager may be able to supply you with a First Report of Injury Form. But you can also access the form at the Montana Department of Labor & Industry website. You have thirty days to formally report your injury to your employer using this form. It is important to meet this deadline, because if you miss it, your workers’ compensation claim can be denied. Of course, some injuries may not always be immediately apparent after an accident and some repetitive strain injuries might not be diagnosed right away. If you’ve been hurt on the job, or suspect you’ve been hurt on the job, the key is to report your injury to your employer using the First Report of Injury Form as soon as possible after your diagnosis or injury. Document everything and if you have any questions, you might want to speak to a workplace injury lawyer in Montana at Bulman, Jones, & Cook PLLC as soon as possible.
Once you have reported your injury, your employer will then file a claim with their workers’ compensation insurance. If you have filed your First Report of Injury Form but your employer has not filed a workers’ compensation claim or is trying to claim that you are not covered under their workers’ compensation policy, you may want to speak to the workers’ compensation lawyers in Montana at Bulman, Jones, & Cook PLLC. Again, it is important to document all efforts you made to make your workers’ compensation claim and to get your employer to file a claim.
When you have been injured on the job you have a right to choose your treating doctor for initial care and treatment. Your treating doctor can also manage your care. Once you have made a workers’ compensation claim, you may need to see in-network doctors. In Montana, your employer’s workers’ compensation insurance carrier may have in-network providers where you must seek care or treatment. It is important to work with your employer to ensure that you receive treatment from approved or in-network providers. Receiving care from out of network providers could result in the denial of your claims.
During the claims process, you may be required to attend an independent medical examination to confirm your injuries and support your claim. The claims process can become challenging if claims are denied, delayed, underpaid, or if your employer claims you aren’t covered under workers’ comp. If you are facing difficulties with your workers’ compensation claim, contact the Montana workers’ comp lawyers at Bulman, Jones, & Cook PLLC today.
What Can I Do if My Employer Tells Me I’m Not Covered Under Workman Comp?
There are only very specific situations where a worker may not be covered under workman comp or where they may be exempt from workers’ compensation. Independent contractors are one such class of workers. According to the Montana State Fund, employers may still be required to provide workers’ compensation insurance to independent contractors if the employee doesn’t have their own workers’ compensation coverage or if they don’t have an Independent Contractor Exemption Certificate issued by the Montana Department of Labor & Industry. It is the responsibility of the employee and not the worker to ensure that an independent contractor has either insurance or an exemption certificate. If your employer failed to check this documentation and failed to cover you under their workers’ compensation insurance, you may have rights when it comes to making a workers’ compensation claim in Montana.
Other employees may be exempt from workers’ comp. These employers include:
Domestic workers who perform housework or yard work may be exempt from workers’ compensation.
Ministers of churches may be exempt from workers’ compensation.
Certain volunteer workers may be exempt from workers’ compensation.
Corporate officers may also be exempt from workers’ compensation.
If your employer is telling you that you aren’t covered under workman comp, you may have rights. If you aren’t covered under workman’s comp, you may have the right to sue your employer for negligence (if you are covered under workers’ compensation, you are barred from pursuing a lawsuit under Montana law). You may also be able to fight to receive coverage if you are being unfairly denied coverage. The Montana workman comp lawyers at Bulman, Jones, & Cook PLLC are here to help you with your claim and are here to help you and your family fight unfair denials.
Can I Sue My Employer for Negligence After a Workplace Accident in Montana?
Under Montana labor code (39-71-411), any worker covered under the Workers’ Compensation Act, would not be able to sue an employer for injuries on the job, unless the employer doesn’t have workers’ compensation coverage. An employee can sue a third party who is not an employer if a third party’s negligence resulted in their injury. On a construction site, multiple companies might be at work on the site. If the actions of one company resulted in the injuries of a person from another company, the company could be held legally liable for their actions. Basically, if you are covered under workers’ compensation, in most cases, your option to receive medical payments, rehabilitation payments, lost wages, and disability coverage is through filing a workers’ compensation claim.
If you have questions about your right to sue or about the claims process following a workplace injury, contact the work injury lawyers in Montana at Bulman, Jones, & Cook PLLC. Our work injury lawyers can review your case, identify negligent parties, and help you explore your options. A lawsuit may not be entirely off the table.
What Can I Do if My Montana Workers’ Compensation Claim Is Denied?
You have rights if your workers’ compensation claim in Montana has been denied. Workers’ compensation claims can be denied for a wide range of reasons. The first step your workers’ compensation lawyer in Montana at Bulman, Jones, and Cook PLLC will take is to determine why your workers’ compensation claim was denied. Claims can be denied due to:
Lack of documentation. Insurance companies always want to protect their bottom lines. If your doctor failed to document your injuries thoroughly, or if you failed to provide medical documentation to insurers that fully document your injuries, your claims might be denied. The work injury lawyers in Montana at Bulman, Jones, & Cook PLLC can review your case to determine if insufficient documentation was the reason for your denial. If this is the case, providing additional documentation can solve the problem. In other instances, you may need to go to an independent medical examination to support your claims and gain additional documentation and evidence for your claim.
Missed Deadlines. You have 30 days to submit accident reports to your employer. If you fail to let your employer know on time, your claim could be denied to due missed deadlines. That said, there are situations where a worker may not be aware of their injury right away, especially in the case of repetitive strain. It might not always be clear right away that the injury was linked to work. If this is the case, a Montana workplace injury attorney at Bulman, Jones, & Cook PLLC may be able to help.
Preexisting Conditions. Sometimes workers’ compensation insurance companies deny claims asserting that an injury occurred off the job or is the result of a pre-existing condition. Back injuries, neck injuries, and other injuries can sometimes face this kind of scrutiny. The burden may be on victims to prove to insurance companies that their injuries worsened or occurred on the job. The workplace injury lawyers in Montana at Bulman, Jones, & Cook PLLC may be able to help you build a strong case to support your claim.
Employee Negligence. If your own negligence, failure to follow instructions, drinking on the job, or other negligent actions resulted in your injuries, your workers’ compensation claim could be denied. The workman comp lawyers in Montana at Bulman, Jones, & Cook PLLC may be able to fight to defend your innocence if your employer is making false claims about your negligence in a workplace accident.
If your workman comp claim has been denied, you may want to speak to a workers’ compensation lawyer in Montana at Bulman, Jones, & Cook PLLC as soon as possible. Our workplace injury lawyers in Montana can gather additional evidence to support your claim and help you every step of the way as you navigate the workers’ compensation appeals process. The appeals process can involve many steps, starting with a simple request for reconsideration. Yet sometimes the appeals process can become more complicated, involving administrative hearings, a review by the workers’ compensation review board, and even a judicial appeal.
The workers’ compensation lawyers in Montana at Bulman, Jones, & Cook PLLC can help you navigate all aspects of the appeals process. Building a strong case with strong evidence will be essential to the success of your appeal. The workman comp lawyers in Montana at Bulman, Jones, & Cook PLLC are here to help you with every stage of the appeals process.
What Can I Do if I’ve Been Fired After Being Injured on The Job?
Under Montana legal code (37-71-317), your employer isn’t permitted to lay you off or fire you because you’ve been injured on the job or because you want to make a workers’ compensation claim. If you have been hurt on the job, you have up to two years to return to work. When and if you try to return to work, you must be given preference above other applicants under Montana legal code.
Fighting a wrongful termination case after you have been laid off or fired can be challenging. If you are facing challenges after you have been hurt on the job, reach out to the workplace injury lawyers in Montana at Bulman, Jones, & Cook PLLC today. Our attorneys are here to help you every step of the way.
How Can I Contact a Workers’ Compensation Lawyer in Montana?
The workers’ compensation attorneys in Montana at Bulman, Jones, & Cook PLLC can be reached by calling 406-721-7744. We are here to learn more about your case, your workplace injury, and your workers’ compensation denial. We can help you navigate the appeals process and fight denied claims. You may only have a limited time to protect your rights after a workplace injury. Time is of the essence. Reach out to the workplace injury lawyers in Montana at Bulman, Jones, & Cook PLLC today.