Your day started like any other in Billings. Whether you were heading to a shift at Billings Clinic or St. Vincent Healthcare, clocking in at a construction site downtown, or preparing for a long haul out on I-90, you expected to return home safely at the end of the day. But a sudden accident changed everything. Now, you’re in pain, unable to work, and your mind is flooded with questions and worries. How will you pay your medical bills? How will you support your family without a paycheck? What are your rights?
In these moments, you need more than just a lawyer—you need a Billings workers’ compensation attorney who understands what you’re going through and knows how to navigate Montana’s legal system. At Rimrock Law, we are here to be that advocate for you. Our team is ready to listen to your story, explain your options, and fight for your full benefits.
Let us lift the legal burden so you can focus on what matters most: your recovery.
Why Choose Rimrock Law for Your Billings Workers’ Compensation Claim
When you are dealing with a workplace injury, the last thing you need is more stress. You need a legal team that understands the local landscape and the Montana workers’ compensation system inside and out. The attorneys at Rimrock Law bring decades of combined experience to the table, focusing on helping injured workers just like you across our state. We believe in a team approach, which means you get the benefit of our collective knowledge and resources dedicated to your case.
We understand the challenges you face because we have guided hundreds of clients through them. Our mission is to stand up for you, handle the complexities of your case, and work toward the most favorable outcome possible so you can focus on what matters most: your health and recovery.
At Rimrock Law, we are proud to be part of the Billings community. We are more than just lawyers; we are your neighbors and advocates. We are committed to:
- Providing Clear Guidance: We will explain your rights and the workers’ compensation process in simple, easy-to-understand terms.
- Fighting for Your Benefits: We will diligently pursue the full range of benefits you may be entitled to, including medical care and wage replacement.
- Offering Personalized Attention: Your case is personal to us. We take the time to listen to your story, understand your goals, and keep you informed every step of the way.
Choosing a legal team is a significant decision, and we are honored to be considered by the hardworking people of Billings.
Common Workplace Injuries and Their Impact on Workers in Billings, Montana
Workplace accidents can happen in any profession, from an office setting to an oil field. We have seen firsthand how these injuries can disrupt lives. We understand that an injury is more than just a medical diagnosis; it’s a life-altering event that brings physical pain, emotional distress, and financial hardship.
Our Billings work injury attorneys have experience representing clients who have suffered a wide range of on-the-job injuries, including:
- Construction and Oil Field Accidents
- Overexertion and Repetitive Strain Injuries
- Slips, Trips, and Falls
- Struck-By or Caught-In/Between Accidents
- Work-Related Motor Vehicle Accidents
- Toxic Exposure
No matter how your injury occurred, its impact is profound. You’re facing mounting medical bills, the loss of your income, and the inability to do the things you once enjoyed. Our compassionate legal team is here to help you secure resources for you to begin rebuilding your life.
What is Workers’ Compensation?
After a work injury, you will likely hear the term "workers' compensation" a lot. It's important to understand what it is and how it works for you. Workers’ compensation is a type of insurance that most employers in Montana are required to have. Its purpose is to provide specific benefits to employees who get injured or become ill because of their job.
Think of it as a safety net. The system was designed as a trade-off. In exchange for these benefits, employees generally cannot sue their employer directly for a workplace injury. This is often called a "no-fault" system. It’s called "no-fault" because you do not have to prove that your employer did something wrong to cause your injury. You only need to show that the injury happened at work or was a result of your job duties.
The entire framework for this system is laid out in the Montana Workers' Compensation Act. This set of laws defines what injuries are covered, what benefits are available, and the procedures for filing a claim.
It’s a complex legal area, and insurance companies have teams of people who deal with these laws every day. Having a knowledgeable Billings workers’ compensation attorney on your side can help level the playing field, ensuring your rights are protected throughout the process.
Experience
Over 80 years of law and resolving civil litigation cases across the nation.
Success
We have recovered millions of dollars in damages for clients.
Reputation
Matt Braukmann, James Dallner and Phill Lorenzo have been practicing law for a combined 80 years. Together and individually, they have built a reputation of trust, integrity, grit – everything you want in a civil litigation lawyer.
Workers’ Compensation Benefits for Injured Workers in Billings
If your claim is accepted, the Montana Workers’ Compensation Act provides for several types of benefits designed to help you during your recovery. The primary benefits include:
Medical Benefits
This is the most immediate and critical benefit. Your employer’s workers’ comp insurer is responsible for paying for all reasonable and necessary medical treatment related to your work injury. This includes doctor visits, hospital stays, surgeries, prescription medications, physical therapy, and even mileage reimbursement for travel to and from your medical appointments.
Temporary Total Disability (TTD) Benefits
If your doctor determines that you are completely unable to work for a period of time while you recover, you are entitled to TTD benefits. These are wage-replacement payments, typically calculated as two-thirds of your average weekly wage at the time of the injury, subject to a state maximum.
Temporary Partial Disability (TPD) Benefits
Sometimes, you can return to work but only in a limited or “light-duty” capacity that pays less than your pre-injury job. In this situation, TPD benefits can make up a portion of the difference between your old wages and your new, lower wages.
Permanent Partial Disability (PPD) Benefits
Once you have reached “maximum medical improvement” (MMI), meaning your condition is not expected to improve further, your doctor will assess whether you have any permanent impairment. If you do, you may be entitled to PPD benefits. This is a lump sum or series of payments based on an impairment rating assigned by your physician.
Permanent Total Disability (PTD) Benefits
In the most severe cases, an injury may leave you permanently unable to return to any form of employment. If this happens, you may be eligible for PTD benefits, which provide ongoing wage replacement, potentially for the rest of your life.
Death Benefits
If a tragic workplace accident results in a worker’s death, their surviving spouse and dependents may be entitled to death benefits to help cover funeral expenses and provide ongoing financial support.
What to Do if You Are Injured On the Job
The moments after a workplace accident can be chaotic and confusing. Once you have received emergency medical attention and are back home, you may be wondering what you should do next to protect yourself and your right to benefits. Taking a few key steps can make a significant difference in the outcome of your claim. The process is managed by the Montana Department of Labor & Industry, which has specific rules and deadlines.
Here are some important actions to consider after a work injury:
- Report the Injury in Writing: You must notify your employer of your injury as soon as possible. While a verbal notice is a start, it is always best to report it in writing. Send an email or a letter to your supervisor or HR department clearly stating when, where, and how the injury occurred. In Montana, you generally have 30 days to report the injury, but doing it immediately is the safest course of action.
- Fill Out a Claim Form: Your employer should provide you with a "First Report of Injury" or FROI form. Fill this out completely and accurately. This form officially starts the claim process with your employer's insurance company.
- Follow All Medical Advice: It is critical to attend all of your doctor's appointments and follow their treatment plan exactly. This includes physical therapy, taking prescribed medications, and adhering to any work restrictions they give you. Failing to do so can give the insurance company a reason to argue that you are not as injured as you claim or to deny benefits.
- Keep Detailed Records: Keep a file of everything related to your injury. This includes copies of your written injury report, the FROI form, any letters or emails from your employer or the insurance company, medical bills, and receipts for any out-of-pocket expenses. Also, keep a simple journal of your symptoms and how the injury impacts your daily life.
Our workers’ compensation attorney can provide guidance and handle the communication with the insurance company on your behalf, allowing you to focus on your recovery.
Filing a Third-Party Lawsuit After a Work Injury
As we discussed, the workers' compensation system generally prevents you from suing your employer for a work-related injury. However, there is a major exception to this rule. If your injury was caused by the negligence of someone other than your employer or a co-worker—a "third party"—you may be able to file a separate personal injury lawsuit in addition to your workers’ comp claim.
This is a critical opportunity because a third-party lawsuit allows you to seek compensation for damages not available through workers’ compensation, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- The full amount of your lost wages (not just two-thirds)
Examples of potential third-party claims include:
- A car or truck accident that occurs while you are driving for work, caused by another negligent driver.
- An injury on a construction site caused by a negligent subcontractor from a different company.
- An injury caused by a defective piece of equipment or machinery, making the manufacturer liable.
- An injury sustained on another company’s property due to an unsafe condition, making the property owner liable.
Filing a third-party claim does not affect your right to receive workers' compensation benefits. They are two separate claims that can proceed at the same time. These cases can be very complex, and it is highly recommended that you speak with a lawyer who understands both workers' compensation and personal injury law.
The attorneys at Rimrock Law have extensive experience in both workers’ compensation and personal injury litigation. We will carefully analyze every detail of your accident to determine if a third-party claim is possible, opening up another crucial avenue for full compensation.
Work Compensation
We have resolved over one hundred workers' compensation cases over the last two decades resulting in multi-million dollars in recovered damages.
Cases Resolved
- High six-figure recovery on behalf of man who sustained a head injury while working in eastern Montana.
- Mid six-figure recovery on behalf of a woman who suffered a slip-and-fall while working in central Montana.
- Mid six-figure recovery on behalf of a man who suffered a shoulder injury while working in eastern Montana.
- Six-figure recovery on behalf of a woman who suffered a neck injury while working in central Montana.
- Six-figure recovery on behalf of a man who suffered a shoulder injury while working in central Montana.
- Mid six-figure recovery on behalf of a man who suffered multiple injuries while working in central Montana.
Billings Workers’ Compensation FAQs
After a work injury, it's natural to have many questions about what to expect. Below, we have answered some common questions that clients ask about the workers' compensation process in Montana.
What if my workers' compensation claim is denied?
If your claim is denied, do not give up hope. You have the right to appeal the decision. The insurance company must send you a letter explaining why they denied the claim. The appeals process involves mediation and, if necessary, a hearing before the Montana Workers’ Compensation Court. It is very difficult to handle this process on your own, and having a workers’ compensation lawyer represent you can significantly improve your chances of a successful appeal.
Can I be fired for filing a workers' compensation claim?
No. It is illegal for an employer in Montana to fire or otherwise retaliate against you for filing a workers’ compensation claim in good faith. If you believe you have been demoted, harassed, or terminated because you reported a work injury, you may have a separate legal claim for wrongful discharge.
doctor that the insurance company picks?
In Montana, after your initial emergency treatment, the insurer has the right to direct your care for the first 30 days. However, after that 30-day period, you generally have the right to choose your own treating physician. Choosing a doctor who has your best interests at heart, rather than the insurer’s, is a critical right we can help you protect.
Are injuries that happen during my commute to work covered?
Typically, injuries that occur during a normal commute to or from work are not covered by workers’ compensation. This is known as the “coming and going” rule. However, there are exceptions. For example, if you were running a work-related errand on your way home, or if you were traveling between job sites, your injury might be covered.
What happens if my doctor says I can go back to work with restrictions?
If your doctor releases you to return to work with light-duty restrictions, your employer should try to accommodate them. If they offer you a suitable light-duty position and you refuse it, your wage loss benefits could be stopped. If your employer cannot accommodate your restrictions, you should continue to receive your wage loss benefits while you are unable to work.
Contact the Trusted Billings Workers’ Compensation Lawyers at Rimrock Law Today
Your well-being and financial security are too important to leave to chance. Dealing with a work injury is hard enough without the added burden of fighting an insurance company for the benefits you are owed. You deserve a team that will stand by your side, protect your rights, and handle the legal heavy lifting so you can concentrate on healing. The lawyers at Rimrock Law are committed to helping injured workers in Billings and across Montana get their lives back on track.
If you have been hurt on the job, don't wait to get the help you need. Contact us today at (406) 606-1650 or through our online form for a free, no-obligation consultation. Let us listen to your story and explain how a Billings personal injury law firm can help you navigate this difficult time.