Filing a Montana workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the Montana process in plain English, with the exact deadlines you cannot miss. All figures are from Montana sources, verified as of June 2026.
Montana at a Glance
| Report to employer | 30 days. Under MCA 39-71-603, an injured worker must give notice of the injury to the employer within 30 days of the accident (failure to do so can bar the claim). Best practice / many employers ask workers to report within 24 hours, but the statutory legal deadline is 30 days. |
| Deadline to file | 1 year (12 months) for an injury claim. Under MCA 39-71-601, a written claim must be presented to the employer, the employer’s insurer, or the department within 12 months from the date of the accident. The insurer may waive/extend this up to an additional 24 months on a reasonable showing of lack of knowledge of disability, latent injury, or equitable estoppel. (Occupational disease: 1 year from when the worker knew or should have known the condition was work-related.) |
| Where to file | Montana Department of Labor & Industry, Employment Relations Division (ERD) — Workers’ Compensation Claims Assistance Bureau. The worker reports to the employer, who completes the First Report of Injury or Occupational Disease (FROI), form ERD-991, with the worker; it is submitted to the employer’s workers’ comp insurer (or Montana State Fund) and the department. A worker may also file the FROI directly with the employer’s insurer or the department. Claims Assistance: 406-444-6543 / 406-444-1574. |
| Choose your doctor? | Initially yes, then the insurer may direct care. Under MCA 39-71-1101, before the insurer designates or approves a treating physician, the worker may choose the initial treating provider. After the insurer accepts liability, the insurer may designate or approve the treating physician or direct the worker to a managed care organization (MCO) or preferred provider organization (PPO); once designated, that provider becomes the treating physician and non-member providers generally may not treat without insurer authorization. |
| Benefits start | Wage-loss (temporary total disability) benefits have a waiting period: no compensation is paid for the first 32 hours or 4 days of wage loss (whichever is less); the worker becomes eligible starting the 5th day. If the worker is totally disabled and unable to work for 21 days or longer, compensation is paid retroactively to the first day of wage loss (MCA 39-71-736). Medical benefits are not subject to this waiting period. |
In This Montana Guide:
Filing a Workers’ Comp Claim in Montana
Filing a Montana workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the Montana process in plain English, with the exact deadlines you cannot miss. All figures are from Montana sources, verified as of June 2026.
How to File a Workers’ Comp Claim in Montana
First steps: 1) Get medical care immediately and tell the provider the injury is work-related. 2) Report the injury to your employer/supervisor or HR right away — in writing if possible — and at the latest within 30 days. 3) Make sure a First Report of Injury (ERD-991) is completed and submitted to the employer’s insurer. 4) Keep copies of the report, medical records, and any wage/time-loss documentation.
5) Track the date — note the 12-month claim-filing deadline.
1) Worker reports injury to employer (within 30 days). 2) Employer completes the First Report of Injury (ERD-991) with the worker and submits it to its insurer/Montana State Fund (Montana requires the employer to file the FROI within 6 days of notice). 3) The insurer investigates and has 30 days to accept or deny liability on the claim.
4) If accepted, the insurer pays medical and (where applicable) wage-loss benefits and may designate the treating physician/MCO. 5) If disputed/denied, the worker requests free mediation through the DLI, then may petition the Workers’ Compensation Court.
Choosing a Doctor in Montana
Initially yes, then the insurer may direct care. Under MCA 39-71-1101, before the insurer designates or approves a treating physician, the worker may choose the initial treating provider.
After the insurer accepts liability, the insurer may designate or approve the treating physician or direct the worker to a managed care organization (MCO) or preferred provider organization (PPO); once designated, that provider becomes the treating physician and non-member providers generally may not treat without insurer authorization.
What to Do If Your Montana Claim Is Denied
Mediation first, then the Workers’ Compensation Court. If the insurer denies or disputes the claim, the worker first uses the DLI’s free dispute-resolution (mediation) process — typically by stating the request in writing to the insurer (allowing about 15 working days to respond) and then filing a Petition for Mediation with the Employment Relations Division. Mediation is required in most cases before suit.
If the mediator’s recommendation is rejected, the worker files a Petition for Hearing with the Montana Workers’ Compensation Court. Decisions of that court may be appealed to the Montana Supreme Court.
Appeal deadline: 2 years. A claimant generally must file the petition to begin the dispute process (mediation/Workers’ Compensation Court) within 2 years from the date the insurer issues the written denial of liability. Confirm the exact deadline for your situation with the Montana DLI and a licensed attorney, because related time limits (e.g., the 15-working-day insurer-response step) also apply.
Was your claim denied? A denial is not the end of the road in Montana — many denials are overturned on appeal. A workers’ comp attorney can review your case, usually for a free consultation.
What Happens After You File in Montana
Once your claim is filed in Montana, the employer’s insurer reviews it and either accepts it, asks for more information, or denies it. If it is accepted, your medical treatment is covered and your wage benefits begin after the waiting period.
Keep copies of everything — the injury report, your medical records, and any letters from the insurer — because they are what protect your claim if there is ever a dispute.
Common Mistakes That Hurt a Montana Claim
The two most common ways injured workers in Montana lose benefits are missing a deadline and gaps in medical treatment. Report the injury in writing as soon as you can, see a doctor and follow the treatment plan, and do not assume a verbal mention to a supervisor counts as official notice. If anything about the process is unclear, your state workers’-comp board can walk you through the next step.
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Other Montana claim rules: Montana mediation is mandatory and free before a dispute can be litigated in the Workers’ Compensation Court, and Montana is one of the few states with a dedicated, standalone Workers’ Compensation Court rather than routing disputes through an administrative board or the general civil courts. Also note the insurer’s optional 24-month waiver/extension of the 12-month claim deadline (MCA 39-71-601).
This is general reference information, not legal advice — many claimants benefit from confirming deadlines with the Montana DLI and a licensed Montana attorney, as missing a deadline can permanently bar the claim.
Filing Your Montana Workers Comp Claim the Right Way
A Montana workers comp claim stands or falls on two things: hitting the deadlines and documenting the injury. Report the injury to your employer within the state window, file the Montana workers comp claim with the right agency before the statute of limitations runs out, and keep seeing your doctor.
Most denied claims come down to a missed deadline or a thin medical record — get both right and your Montana workers comp claim is on solid ground.
Frequently Asked Questions
How long do I have to report a work injury in Montana?
In Montana, you generally must tell your employer within 30 days. Under MCA 39-71-603, an injured worker must give notice of the injury to the employer within 30 days of the accident (failure to do so can bar the claim). Best practice / many employers ask workers to report within 24 hours, but the statutory legal deadline is 30 days. of the injury.
Report it in writing as soon as you can — waiting can put your benefits at risk.
How long do I have to file a workers’ comp claim in Montana?
The Montana statute of limitations to file is 1 year (12 months) for an injury claim. Under MCA 39-71-601, a written claim must be presented to the employer, the employer’s insurer, or the department within 12 months from the date of the accident. The insurer may waive/extend this up to an additional 24 months on a reasonable showing of lack of knowledge of disability, latent injury, or equitable estoppel.
(Occupational disease: 1 year from when the worker knew or should have known the condition was work-related.). Reporting the injury and filing the claim are two separate deadlines — do not rely on one to cover the other.
What if my Montana workers’ comp claim is denied?
Mediation first, then the Workers’ Compensation Court. If the insurer denies or disputes the claim, the worker first uses the DLI’s free dispute-resolution (mediation) process — typically by stating the request in writing to the insurer (allowing about 15 working days to respond) and then filing a Petition for Mediation with the Employment Relations Division. Mediation is required in most cases before suit.
If the mediator’s recommendation is rejected, the worker files a Petition for Hearing with the Montana Workers’ Compensation Court. Decisions of that court may be appealed to the Montana Supreme Court.
Official Montana Sources & Resources
- Montana Montana Department of Labor & Industry, Employment Relations Division (Workers’ Compensation Claims Assistance Bureau); the Montana Workers’ Compensation Court hears disputes.: https://erd.dli.mt.gov/work-comp-claims/ (also https://workerscomp.mt.gov/)
- Montana Workers’ Comp Statute: https://leg.mt.gov/BILLS/mca/39/71/39-71-601.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Montana workers comp claim guide was last verified against official sources in June 2026. Deadlines and procedures change — confirm the current rule with your state workers’-comp board or a licensed attorney.
More Montana Workers’ Comp Guides
- Montana Workers’ Comp Settlements
- Montana Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.