Montana Workers' Compensation Attorneys

At DearLegal, we connect you with experienced Montana workers' comp attorneys who handle claims before the Montana Department of Labor and Industry and the Workers' Compensation Court.

Free to use — no fee unless you win
Matched with a Montana attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Montana workers' compensation case review

A Montana attorney will take a look. Or call 1-833-WELEGAL.

How we match your Montana workers' compensation case

When you submit a Montana workers' compensation matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A workers' compensation matter needs someone who handles workers' compensation work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Montana law, so it goes to an attorney licensed in Montana who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a workers' compensation claim in Montana

Day 0
You’re hurt at work.
Report it to your employer in writing and get medical care. In Montana, the report and the first medical visit are the two things every comp claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Montana workers' compensation attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
The claim is filed and documented.
Incident report, medical records, wage history, and the insurer’s acceptance or denial. Your attorney handles the forms and the follow-ups.
Months 1–6
Benefits, and pushback.
Wage-loss and medical benefits should start; insurers routinely dispute treatment or ratings. Your attorney contests denials and independent medical exams.
Before the deadline
Hearing or petition if needed.
Deadlines are strict and vary by claim. Your attorney tracks every one of them.
Resolution
Award or settlement.
You pay nothing along the way. The fee — typically 20% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Governing Statute: Workers' Comp Act
Montana Workers' Compensation Act, Title 39, Ch. 71 MCA
Agency: Department
Montana Department of Labor and Industry / Workers' Compensation Court
Notice of Injury: 30 days
30 days to notify the employer (Mont. Code § 39-71-603)
Statute of Limitations: 12 months
12 months from injury (Mont. Code § 39-71-601)
Attorney Fees: Court-approved
Subject to Court approval, governed by Title 39, Ch. 71, Part 6
Typical attorney fee: 20%
Subject to Court approval (~20%–25%)

Montana's Workers' Compensation Act (Title 39, Ch. 71 MCA) is administered by the Department of Labor and Industry, with disputes adjudicated in the Workers' Compensation Court — a court of record unique to Montana. TTD pays 66 2/3% of AWW under § 39-71-701. Montana uses a three-tier system: state-fund (Montana State Fund) coverage, private insurance, and self-insurance. The state has high-hazard industries — logging, mining (the Berkeley Pit and Stillwater PGM), oil and gas in the Bakken extension into eastern Montana, agriculture and ranching, and seasonal wildfire work — that generate catastrophic claims. Attorney fees are governed by Title 39, Ch. 71, Part 6, subject to Court approval. An experienced Montana attorney develops the medical record, secures the right impairment rating, and preserves third-party claims.

Exhibit B

When to call a workers' compensation attorney in Montana

Does any of this sound like you? Tap what applies.

Exhibit C

Workers' Compensation cases we take in Montana

Which one is closest to yours?

Logging and timber injuries

Western Montana chainsaw, falling-tree, and skidder injuries — categorically among the most dangerous occupations in the state.

Sound like yours? A Montana attorney reviews it free — no fee unless they win.

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Exhibit D

How much do Montana workers' compensation attorneys cost?

Sample settlement statement

Montana · Workers' Compensation

Recovery$100,000

Attorney fee · 20%− $20,000

Case costs (advanced by firm)repaid at the end

To you$80,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Montana workers' compensation attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Montana workers' comp attorney fees are subject to Workers' Compensation Court approval under Title 39, Ch. 71, Part 6, typically running 20%–25% of contested benefits. Third-party tort claims (motor vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Montana workers' compensation compensation can include

A Montana workers' compensation recovery is built from several parts. Tap one to see what it covers.

Medical Benefits

Reasonable and necessary medical treatment under Mont. Code § 39-71-704, including future medical when needed for the work injury.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Montana workers' compensation questions, answered

Still unsure? Tell us what happened and a Montana attorney will review it for free.

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Notice within 30 days under Mont. Code § 39-71-603. The formal claim must be filed within 12 months of the injury under § 39-71-601 — one of the shorter SOLs in the country. Occupational disease has separate timing rules under § 39-71-601(3).

The worker generally chooses the treating physician initially, subject to insurer designation under § 39-71-1101 and managed-care rules in some cases. The system is more worker-favorable than employer-pick states.

Montana attorney fees in workers' comp are subject to Workers' Compensation Court approval under Title 39, Ch. 71, Part 6 — typically in the 20%–25% range. Third-party tort claims run on standard 33%–40% contingency outside the comp system.

Generally no — exclusive remedy under Mont. Code § 39-71-411. Narrow intentional-injury exception. Third-party claims against non-employers are not barred.

Federal employees fall under FECA (5 U.S.C. § 8101). State-employed firefighters fall under state comp. Contractors face complex coverage analysis. Montana's wildfire workforce often involves all three systems.

Medical treatment, TTD at 66 2/3% of AWW (capped), permanent partial disability under § 39-71-703, permanent total disability, and death benefits. Montana also offers vocational rehabilitation services.

Montana recognizes a retaliatory-discharge claim under the Wrongful Discharge from Employment Act (Mont. Code § 39-2-901 et seq.) — particularly favorable to workers because Montana is the only state without at-will employment for most non-probationary employees.