The Montana workers’ compensation system was created to protect hardworking people like you when they get hurt on the job. It’s meant to cover your medical bills and provide wage loss benefits while you recover. However, accessing those benefits requires taking specific, timely steps.
Going through this process on your own, especially while you’re in pain, can be incredibly difficult. That’s why we’ve created this overview of essential first steps in filing a workers’ compensation claim in Montana. Think of this as your starting point to help you protect your rights and secure support during this challenging time.
Step 1: Seek Immediate and Appropriate Medical Attention
Before anything else, your health is the absolute priority. Nothing is more important than getting the medical care you need. The actions you take in the first few minutes and hours after an injury are not only critical for your physical well-being but also for establishing the foundation of your workers’ compensation claim.
In an Emergency:
If your injury is severe—involving heavy bleeding, a head injury, broken bones, difficulty breathing, or any other life-threatening condition—do not hesitate. Call 911 or have a coworker do it for you. Your immediate destination should be the nearest emergency room. Don’t worry about paperwork, reporting, or procedures at this moment. Your life and health come first. Everything else can be sorted out later.
For Non-Emergency Injuries:
If your injury is less severe but still requires medical attention (e.g., a sprain, a minor cut that needs stitches, a back strain), you still need to see a doctor as soon as possible. Delaying medical care can not only worsen your physical condition but can also be used by an insurance company to argue that your injury wasn’t serious or wasn’t caused by the work accident.
When you see a medical professional, whether in the ER, an urgent care clinic, or a doctor’s office, you must do one thing that is absolutely crucial:
Clearly state that your injury happened at work.
Explain to every doctor, nurse, and intake administrator exactly when, where, and how you were injured on the job. This ensures that the incident is documented in your medical records from the very beginning. This initial medical report becomes the cornerstone of your claim, creating an official link between your injury and your employment.
In Montana, your employer’s insurance carrier may direct you to a specific clinic for your initial treatment. However, it's important to know that you have the right to choose your own treating physician after that first visit. This is a significant right, as it allows you to be treated by a doctor you trust, one whose primary focus is your recovery, not the insurance company’s bottom line.
Follow all medical advice you are given. If a doctor prescribes medication, take it as directed. If they recommend physical therapy, attend every session. If they give you work restrictions (like no lifting over 10 pounds), follow them to the letter, both at work and at home. Your commitment to your recovery is not only essential for your health but also demonstrates the seriousness of your injury for your claim.
Step 2: Report Your Injury to Your Employer
This step is non-negotiable and time-sensitive. After you have received initial medical care, you must officially report your injury to your employer. Many people hesitate, especially if they have a good relationship with their boss. You might worry about causing trouble, appearing weak, or even jeopardizing your job. These fears are understandable, but failing to report your injury is one of the biggest mistakes you can make.
In Montana, you are legally required to provide notice of your injury to your employer. While the law gives you up to 30 days, you should report it immediately, or at the very least, within 24 hours. The longer you wait, the more room you give an insurance company to question the claim. They might ask, "If you were really hurt on Tuesday, why did you wait until Friday to say something?"
How to Properly Report Your Injury:
A verbal conversation with your supervisor is a good start, but it is not enough. You need to create a written record. Follow up your conversation with an email or a text message so there is a dated, undeniable record of your report. If your company has a specific accident report form, ask for it and fill it out completely and accurately.
Who to Report To:
Notify your direct supervisor, manager, or foreman. If your company has a Human Resources (HR) department, you should report it to them as well.
What to Include in Your Report:
Be clear and stick to the facts. Your written report should include:
- Your full name and job title.
- The exact date and time the injury occurred.
- The specific location where the accident happened (e.g., “on the warehouse floor, near the loading bay”).
- A clear, factual description of how the injury happened (e.g., “I was lifting a box from the top shelf when I felt a sharp pain in my lower back,” or “I slipped on a wet spot on the floor and landed on my right wrist”).
- A list of all the parts of your body that were injured. Be thorough. Even if your shoulder only hurts a little, mention it. Injuries can sometimes worsen or reveal themselves over time.
- The names of any witnesses who saw the accident or the immediate aftermath.
Keep a copy of this written report for your personal records. This piece of paper is proof that you did your part. Reporting your injury is not about placing blame; it's about initiating a process that was created to protect you. It is a professional and necessary step to get the care and benefits you are entitled to under Montana law.
Step 3: Ensure the “First Report of Injury” (FROI) is Filed
Once you’ve reported the injury to your employer, the next official step is the filing of a "First Report of Injury or Occupational Disease," often called an FROI. This is the official claim form that gets sent to the Montana Department of Labor & Industry (DLI) and your employer’s workers’ compensation insurance carrier.
Typically, your employer is responsible for completing and submitting this form. They are required to file it with their insurer within six days of you reporting the injury. The insurer then forwards it to the DLI.
However, you should never simply assume this has been done. You have a right to a copy of the FROI that was filed on your behalf. Ask your employer or HR for a copy. When you receive it, review it carefully to ensure all the information is accurate—your name, the date of injury, the description of the accident, and the list of your injuries. Any inaccuracies could cause delays or problems with your claim down the road.
What if my employer won’t file the form?
Unfortunately, some employers may drag their feet or refuse to file the report, hoping the issue will go away. You need to know that you have the right to file the FROI yourself. You can obtain the form directly from the Montana DLI website and submit it yourself. Do not let an uncooperative employer prevent you from accessing your benefits.
Once the insurance company receives the FROI, a 30-day clock starts ticking. Within this period, the insurer must do one of three things:
- Accept your claim: This means they agree your injury is work-related and will begin paying for medical treatment and wage loss benefits.
- Deny your claim: They will issue a letter explaining why they do not believe your injury is covered by workers’ compensation.
- Issue a “reservation of rights”: This is a common tactic where they begin paying for medical bills but state that they are still investigating the claim and "reserve the right" to deny it later.
This 30-day window is a critical period, and it’s when you will likely first hear from an insurance adjuster.
Step 4: Your First Conversations with the Insurance Adjuster
Soon after your claim is filed, you will be contacted by an insurance adjuster (also called a claim examiner). It’s important to understand the adjuster’s role. They are an employee of the insurance company. While they may sound friendly and helpful, their job is to manage the claim in a way that protects the insurance company's financial interests. This means their goal is often to minimize the amount of money paid out on a claim.
You are a person who has been hurt; to them, you are a claim number that represents a potential cost. This doesn't make them a bad person, but it’s a reality you need to understand to protect yourself.
Tips for Speaking with an Adjuster:
- Be polite and professional, but be cautious. You don't need to be confrontational, but you should not treat this as a casual chat with a friend.
- Stick to the facts. Only answer the questions that are asked. Do not volunteer extra information, and do not speculate about things you are unsure of. It is perfectly acceptable—and often wise—to say, "I don't know the answer to that."
- Do not agree to give a recorded statement. Adjusters will often ask to take a recorded statement from you over the phone. They will say it’s just a formality to get your side of the story. You are not required to provide one, and it is strongly recommended that you do not give a recorded statement without first consulting with an experienced workers’ compensation attorney. Insurance companies are masters at asking questions in a way that can be used against you later. A seemingly innocent answer can be twisted to suggest the injury wasn't work-related or wasn't as severe as you claim. Politely decline by saying something like, "I'm not comfortable giving a recorded statement at this time."
Your interactions with the insurance company are a key part of your claim. Be honest, be careful, and remember that they are not on your team.
Step 5: Document Everything and Become Your Own Best Advocate
From the moment you are injured, you should start a file dedicated to your workers’ compensation claim. This meticulous record-keeping can be one of your most powerful tools. The insurance company is documenting everything, and so should you.
Your Workers’ Comp File Should Include:
- A copy of the written injury report you gave to your employer and the official FROI.
- All medical records, bills, and reports. This includes ER visit summaries, doctor’s notes, and physical therapy reports.
- Receipts for any out-of-pocket expenses. This includes prescriptions, bandages, braces, or any other medical supplies you have to buy.
- A mileage log. Keep track of your round-trip mileage to every single doctor’s appointment, physical therapy session, and pharmacy trip. You are entitled to be reimbursed for this travel.
- All correspondence. Keep every letter, email, and form you receive from your employer, the insurance company, and the DLI.
- A communication log. In a simple notebook, keep a detailed record of every phone call related to your case. Write down the date, time, the name and title of the person you spoke with, and a summary of what was discussed. This can be invaluable if there is ever a dispute about what was said or promised.
By keeping these detailed records, you are building a body of evidence that supports your case and helps you stay organized during a chaotic time. And remember to continue following all of your doctor’s orders. Missing appointments or disregarding work restrictions can be interpreted by the insurer as a sign that you aren’t truly injured, jeopardizing your benefits.
Rimrock Law’s Montana Workers’ Comp Lawyer is Here for You
We know that reading through these steps can feel like a lot to handle, especially when you should be focused on healing. The truth is, the workers' compensation process in Montana can be a complex and unforgiving maze. Deadlines are strict, paperwork is confusing, and insurance companies have teams of professionals dedicated to protecting their interests.
But you don’t have to face them by yourself.
The Billings personal injury lawyers at Rimrock Law have dedicated our careers to standing up for the hardworking people of Montana. We’ve handled hundreds of workers’ compensation and personal injury cases statewide, from Billings to Missoula and everywhere in between. We know the system, we know the insurance companies, and we know how to fight for the rights of injured workers.
If your claim has been denied, if your benefits have been delayed, or if you simply feel lost and stressed by the process, please reach out to us at (406) 606-1650 or through our online form for a free, no-obligation case evaluation. We will listen to your story, answer your questions, and provide clear, honest advice about your options.