Montana Workers’ Compensation Guide 2026
Understand the 30-day notice, signed FROI, medical care, wage-loss benefits, waiting period, mediation and court deadlines.
Most Montana employment requires workers’ compensation coverage
The system provides no-fault medical and wage-loss benefits for accepted work injuries and occupational diseases. Coverage exceptions and worker classification can be fact-specific, so confirm the employer’s insurer when employment status, ownership or interstate work is disputed.
Benefits are limited by statute and do not include pain-and-suffering damages. Ask the employer for the insurer’s name or contact the Employment Standards Division.
Give accident notice within 30 days and file the signed FROI within 12 months
For an injury caused by an accident, give the employer or insurer notice within 30 days identifying the time, place and nature of the injury. Actual knowledge may satisfy notice, but a prompt written record is safer. The 30-day accident-notice rule does not apply in the same way to occupational diseases.
A signed First Report of Injury must generally be presented to the employer, insurer or DLI within 12 months. Occupational-disease claims generally use one year from when the worker knew or should have known the condition resulted from the disease. The insurer generally has 30 days after receiving the signed FROI to accept or deny.
The worker may choose initial treatment, but the insurer can designate later
For an accepted claim, reasonable medical costs can include doctor, hospital and prescription services. The worker may choose the initial treating physician; after accepting liability, the insurer may designate a different provider or approve the worker’s choice.
Medical benefits generally close 60 months after injury or occupational-disease diagnosis, with statutory exceptions and a possible reopening petition within five years after termination. Treatment outside utilization guidelines can require prior authorization.
TTD and TPD use different calculations
TTD generally pays 66⅔% of injury-time wages, capped at $1,192 for injuries from July 1, 2026. TPD generally equals the difference between the accepted time-of-injury wage—subject to 40 hours—and actual modified-work wages, capped by the worker’s TTD rate.
The first 32 hours or four days of wage loss, whichever is less, are generally unpaid. Total disability lasting at least 21 days may make that period retroactive. TTD can end at maximum healing or qualifying return-to-work release. Permanent, death and rehabilitation benefits have separate eligibility rules.
Mediation is generally required before Workers’ Compensation Court
A worker who disagrees with an insurer’s decision may request mediation through DLI. After satisfying the mediation requirement, the parties generally have two years from the benefit denial to petition the Workers’ Compensation Court.
Do not treat that dispute period as permission to delay the initial 30-day notice or 12-month signed claim. Keep the denial, medical restrictions, wage records, FROI and mediation correspondence together.
Montana Employment Standards Division
Claims assistance: 406-444-6543 · Mediation: 406-444-6534.
Open official benefit resources →Official sources
- Montana 2026 benefit summary.
- MCA 39-71-603, 30-day notice.
- MCA 39-71-601, written claim period.
- DLI compensation benefits and rates.
Reviewed: September 1, 2026.