Workers’ Compensation Attorneys in Billings, Montana

Workers' compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill due to job-related activities. These benefits are designed to cover medical costs, lost wages, and other expenses associated with the injury or illness. 

Our legal team at Gerstner Adam Law can provide a comprehensive overview of the key aspects you need to know about workers' compensation in the state, from the types of benefits available to the steps required to file a claim.  

Contact our team in Billings, Montana. We proudly assist clients seeking workers’ compensation throughout Glendive, Miles City, and Sidney. 

Types of Workers' Compensation Benefits

In Montana, workers' compensation can provide a variety of benefits, including: 

• Medical benefits: Covers all medical bills related to the injury, such as doctor visits, hospital stays, surgery, and medication. 

• Temporary total disability (TTD): Provides wage replacement for the period you are unable to work due to your injury. 

• Permanent partial disability (PPD): Offers compensation if your injury results in a permanent disability that partially impairs your ability to work. 

• Permanent total disability (PTD): Available if your injury results in a permanent and total impairment, preventing you from returning to any form of employment. 

• Death benefits: Provides financial support to the dependents of a worker who dies as a result of a work-related injury or illness. 

Steps to Take After a Workplace Injury

Being proactive and methodical in your approach can significantly impact your ability to secure benefits. Here’s a step-by-step guide on what to do if you’re injured at work: 

1. Report the injury to your employer: Immediately inform your employer about the incident and ensure that it's documented. 

2. Seek medical attention: Inform your healthcare provider that the injury occurred at work so it's noted in your medical records. 

3. File a claim: Submit a written report to your employer and file a formal workers' compensation claim with the Montana Workers' Compensation Court. 

4. Keep detailed records: Maintain all documents related to your injury, medical treatment, and correspondence with your employer and insurance companies.

Common Workplace Injuries

Work-related injuries can vary significantly depending on the nature of the job. Some of the most common injuries covered by workers' compensation include: 

• Repetitive Stress Injuries

• Hearing & Vision Loss

• Head Injury

• Occupational Exposure

• Back Injury

• Spinal Cord Injuries 

• Fractures 

• Carpal Tunnel Syndrome 

• Rotator Cuff Injuries 

• Neck and Back Injuries 

• Knee Injuries 

• Muscle Tears 

• Joint Issues 

What to Do After a Denial

Facing a denial of your workers' compensation claim can be disheartening and stressful. However, a denial doesn't mean the end of your quest for benefits; there are several steps you can take to appeal the decision and potentially secure the compensation you deserve. Here’s a comprehensive guide on what to do after your workers' compensation claim has been denied: 

1. Understand the Reason for Denial 

The first step is to carefully review the denial letter from the insurance company. This document should provide a detailed explanation of why your claim was denied. Common reasons for denial include: 

• Insufficient evidence: The claim lacks adequate medical documentation or witness statements. 

• Missed deadlines: Failure to report the injury or file the claim within the state-mandated time limits. 

• Disputed cause of injury: The insurer believes the injury was not work-related. 

• Pre-existing condition: The claim was denied because the injury is deemed to be related to a pre-existing condition. 

Understanding the specific reason for the denial of your claim is crucial as it will determine your next steps. 

2. Gather Additional Evidence 

After identifying the reason for denial, you may need to gather additional evidence to support your claim. This could involve: 

• Obtaining more medical documentation: Request detailed medical records from your healthcare provider that clearly link the injury to your job. 

• Collecting witness statements: Secure statements from colleagues or supervisors who witnessed the incident. 

• Keeping a pain journal: Document the impact of the injury on your daily life and work capabilities. 

The more comprehensive and detailed your evidence, the stronger your appeal will be. 

3. Consult a Workers' Compensation Attorney 

Navigating the appeals process can be complicated and time-consuming. Consulting an experienced workers' compensation attorney can provide invaluable guidance and increase your chances of a successful appeal. An attorney can help you: 

• Understand your rights: Know precisely which benefits you are entitled to under Montana law. 

• Prepare your appeal: Assist in gathering evidence, completing necessary forms, and meeting all deadlines. 

• Represent you at hearings: Advocate on your behalf during administrative hearings or court proceedings. 

4. File an Appeal 

To formally challenge the denial, you must file an appeal with the Montana Workers' Compensation Court. This involves: 

• Submitting an appeal form: Complete and submit the appropriate appeal form as specified by the court. 

• Adhering to deadlines: Ensure you file your appeal within the specified time frame outlined in the denial letter. 

• Preparing for a hearing: If your appeal proceeds to a hearing, be prepared to present your case and evidence before a judge. 

It's essential to follow the prescribed procedures meticulously to avoid further delays or complications. 

5. Attend Mediation 

In some cases, the court may require or suggest mediation before scheduling a hearing. Mediation often involves: 

• Working with a neutral mediator: The mediator will facilitate discussions between you and the insurance company to reach a mutually agreeable resolution. 

• Negotiating a settlement: If both parties agree, a settlement can be reached without the need for a formal court hearing. 

Mediation can be a quicker and less adversarial way to resolve your claim denial. 

6. Prepare for the Hearing 

If mediation does not resolve the issue, your case will proceed to a formal hearing. To prepare for a hearing, you should: 

• Organize your evidence: Compile all medical records, witness statements, and other supporting documents. 

• Practice your testimony: Be ready to clearly explain how the injury occurred and its impact on your life. 

• Follow legal advice: Work closely with your attorney to build a compelling case. 

The hearing is your opportunity to present your case directly to the judge who will make a final decision on your appeal. 

7. Stay Persistent

The appeals process can be lengthy and require persistence. Stay engaged, follow experienced legal advice, and keep communicating with your attorney to ensure the best possible outcome. 

By following these steps, you can significantly improve your chances of overturning a denial and securing the workers' compensation benefits you need to support your recovery and livelihood. 

Why Legal Representation Matters

Having experienced legal representation can present an opportunity to: 

• Maximize your benefits: Ensure you receive the full range of benefits you’re entitled to. 

• Avoid mistakes: Legal counsel can help you avoid common pitfalls that might delay or jeopardize your claim. 

• Handle Denials: Provide expert guidance if your claim is initially denied, including the appeals process.