Workers’ compensation & Social Security Disability
Personal injury & workers’ compensation claims
Wrongfully denied workers’ comp benefits
Injured on the job? The work injury lawyers at Murphy Law Firm in Great Falls, MT can help.
Work-related injuries can happen anywhere, even in the beautiful state of Montana. Here in Big Sky Country, workplace accidents most commonly arise in industries like agriculture, manufacturing, health services, food services, and construction.
In fact, sadly, Montana recently ranked third in the nation for number of deaths on the job, according to the federal Bureau of Labor Statistics. For every 100,000 workers in Montana, 7.9 died as a result of injuries sustained at work.
If you or a loved one were seriously injured on the job, you should know that you’re not alone and you have options. Under state law, injured Montanans are eligible to receive workers’ compensation benefits in the event of a work-related injury or illness.
Unfortunately, being eligible for benefits doesn’t mean it’s easy to obtain them.
The workers’ compensation system is complex. Sometimes, for unknown reasons, an employer or insurer might choose to dispute or deny an employee’s claim — or an employee is asked to return to work sooner than they should. In such cases, injured workers can file an appeal with the state. If your claim was wrongfully denied or you believe you’re being treated unfairly, you have the right to seek assistance from an attorney at any stage of the claim or appeal.
Based in Great Falls, Murphy Law Firm helps injured workers file their claims properly to ensure swift and maximum benefits. Our experienced workers’ compensation lawyers also assist those facing a denial or termination of their benefits. Let us help ensure that you receive the financial support you need to cope with the effects of a serious work-related accident or illness.
Attorney Thomas J. Murphy
Founder of Murphy Law Firm
The workers’ compensation system is complex, and insurance companies have powerful resources designed to save them money at your expense. Seeking legal help can make a big difference in your financial outcome. Let our family help yours by fighting for the benefits you deserve.
Murphy Law Firm has successfully represented thousands of Montanans, including complex workers’ compensation claims.
Montana workers’ compensation law: Know your rights
Both Montana state law and federal law requires employers to carry workers’ compensation insurance for their employees in case of an accident or injury. Workers’ comp benefits take care of medical treatments and offset wage loss while an employee is recovering. If an employee is killed while performing work-related duties, the employee’s family may qualify for death benefits.
Workers’ compensation benefits are intended for any employee who experiences a work-related injury or illness, regardless of who is at fault.
Common workplace injuries include:
According to Montana statutes Opens a new window (39-71-105. Declaration of public policy), the purpose and mission of the Montana workers’ compensation system is as follows:
(1) An objective of the Montana workers’ compensation system is to provide, without regard to fault, wage-loss and medical benefits to a worker suffering from a work-related injury or disease. Wage-loss benefits are not intended to make an injured worker whole but are intended to provide assistance to a worker at a reasonable cost to the employer. Within that limitation, the wage-loss benefit should bear a reasonable relationship to actual wages lost as a result of a work-related injury or disease.
(3) A worker’s removal from the workforce because of a work-related injury or disease has a negative impact on the worker, the worker’s family, the employer, and the general public. Therefore, an objective of the workers’ compensation system is to return a worker to work as soon as possible after the worker has suffered a work-related injury or disease.
(4) Montana’s workers’ compensation and occupational disease insurance systems are intended to be primarily self-administering. Claimants should be able to speedily obtain benefits, and employers should be able to provide coverage at reasonably constant rates…
(6) It is the intent of the legislature that:
(a) stress claims, often referred to as “mental-mental claims” and “mental-physical claims”, are not compensable under Montana’s workers’ compensation and occupational disease laws. The legislature recognizes that these claims are difficult to objectively verify and that the claims have a potential to place an economic burden on the workers’ compensation and occupational disease system. The legislature also recognizes that there are other states that do not provide compensation for various categories of stress claims and that stress claims have presented economic problems for certain other jurisdictions. In addition, not all injuries are compensable under the present system, and it is within the legislature’s authority to define the limits of the workers’ compensation and occupational disease system.
(b) for occupational disease claims, because of the nature of exposure, workers should not be required to provide notice to employers of the disease as required of injuries and that the requirements for filing of claims reflect consideration of when the worker knew or should have known that the worker’s condition resulted from an occupational disease. The legislature recognizes that occupational diseases in the workplace are caused by events occurring on more than a single day or work shift and that it is within the legislature’s authority to define an occupational disease and establish the causal connection to the workplace.
Montana workers’ comp benefits
Workers who are severely injured may qualify for temporary partial disability (TPD) or temporary total disability (TTD) payments. These benefits offset lost wages while you remain unable to work, or work in modified or alternative employment. Workers who suffer a permanent disability can receive more long-lasting financial relief, through either permanent partial disability (PPD) or permanent total disability (PTD) benefits.
Montana law designates “caps,” or limits, on the amount of workers’ compensation disability income you can receive. If you are injured, you may receive 66 ⅔ percent of your current wages in weekly compensation (not to exceed a set maximum rate), which increases periodically. If you are partially disabled, you receive the difference between your normal weekly 40-hour wage and the money you earn in modified or alternative employment.
Montana law also provides protection to employers in that injured employees receiving workers’ compensation benefits forfeit the right to file a personal injury lawsuit against their employer.
Workers’ compensation resources
Get answers to commonly asked work injury questions like what is workers’ comp insurance, who can file, what to do, what is an occupational disease, statistics and more.
Learn about the steps to file a work injury claim in Montana, including which forms you need to fill out, the deadline to report a workplace injury, and how to appeal a denied claim.
Many different types of catastrophic injuries can result from an on-the-job accident, such as traumatic brain injury, burn injuries, loss of limb, or vision loss. A fatality is the worst case scenario.
Employers are required to ensure a safe workspace for their employees. But some types of professions are inherently unsafe, especially in an industrial town like Great Falls, MT.
Seek justice from an experienced Montana work injury lawyer
Our firm has been instrumental in successfully litigating cases and overturning statutes to protect injured workers and provide workers and their families with the full benefits available under the law. Our lawyers consistently rank among the highest grossing workers’ compensation attorneys in the Montana system. In fact, we’ve recovered over $10 million in wrongfully denied benefits for our clients in the last year alone.
We are highly experienced trial lawyers, with an extensive personal injury background. We thoroughly understand the workers’ compensation system, the laws, and the judges that decide the cases. We know how to effectively strategize and present compelling evidence to secure the best possible outcome.
If you need assistance with your workers’ compensation case, the skilled attorneys at Murphy Law Firm can help you with the initial workers’ compensation claims process, provide representation for an agency appeal, or argue your case in court. We have 75+ combined years of experience.
Why hire Murphy Law Firm?
- We put our clients first
- We ONLY represent the injured
- Compassionate, aggressive and personal legal representation
- 75+ combined years of experience
- Record of successful case outcomes and settlements
- Licensed attorneys with extensive knowledge of the workers’ comp system
- Contingency fee (you don’t pay unless we win)
- Free consultation
Contact our law firm today to schedule your free consultation.
“Honest, principled, and compassionate. Murphy Law is really about taking care of others and serving something much greater than themselves. They were incredibly helpful in guiding me through the entire process. Their knowledge and experience is vast. Exemplary work ethics. Often times I struggled, they were always there to support me. I am eternally grateful and truly inspired by the staff at Murphy Law Firm.”