Workers’ compensation is an insurance policy that covers employees who are injured while on the job or develop an illness or disease due to their work.

What If My Workers’ Compensation Claim is Denied in Montana?

If your workers’ compensation claim is denied in Montana, you still have options available to you. Montana law provides workers’ with the right to dispute a denied workers’ compensation claim and appeal for workers’ compensation benefits.

Why Was My Workers’ Compensation Claim Denied?

There could be many reasons why a workers’ compensation claim is denied. One of the most common reasons is because the worker failed to follow the proper procedure in reporting the injury or filing the claim. Other reasons may be due to the employer or their insurance company disputing the claim, arguing that the injury or illness was not work-related, or that it was due to the worker’s own negligence.

What Should I Do If My Claim is Denied?

If your workers’ compensation claim is denied, you have several options available to you:

1. Request for Reconsideration

You can request a reconsideration of your claim by the insurer or, in some cases, the Montana Department of Labor and Industry (DLI). A reconsideration is a review of the information used to make the decision to deny the claim. This review is conducted by a separate examiner who will evaluate the information again. If the examiner finds that the information satisfies the criteria, then your claim may be approved.

2. File a Petition for Hearing

If the reconsideration process does not result in an approval, you can then file a petition for a hearing with the Workers’ Compensation Court. This is a formal legal process where a judge will hear arguments and make a ruling on your claim. You should ensure that you have legal representation during this process, as it can be a complicated and technical process.

3. File a Complaint with Montana DLI

Another option is to file a complaint with the Montana DLI. This department is responsible for enforcing workers’ compensation laws in Montana. You can file a complaint with them if you feel that your employer or their insurance company has violated the law in any way. This can result in an investigation, which, if successful, can result in penalties for the employer or insurance company.

4. Hire a Workers’ Compensation Attorney

Hiring a workers’ compensation attorney is your best option if you want to ensure that your rights are protected. A workers’ compensation lawyer can help you understand the legal process and help you navigate the administrative procedures required in your case. They can also represent you during any legal proceedings and help you negotiate a settlement if necessary.

Conclusion

If your workers’ compensation claim is denied in Montana, you should seek legal advice from a workers’ compensation attorney. They can help you determine the best course of action to take in order to secure the benefits you are entitled to. Remember, the workers’ compensation system is in place to protect workers who are injured on the job, and you have the right to dispute a denied claim and seek compensation.