406-549-3323
Workers Compensation
Workers Compensation is a form of insurance carried by employers. This coverage provides benefits to employees that sustain an injury or illnesses during the course of their employment.
Trust an Experienced Workers Compensation Lawyer in Missoula, Montana
Workers Compensation claims are complicated. Employers and their insurance companies don’t want you to know this because they want to lure you into a false sense of security and discourage you from obtaining a lawyer. Some insurance adjusters won’t tell you about all the benefits the law entitles you to receive. That’s why you need a great Workers Compensation lawyer who you can trust and who can help you through these claims.
Montana Workers Compensation claims and benefits are regulated by many statutes and rules. These regulations affect your entitlement to benefits, how those benefits are paid, how much is paid, procedures to follow and many more aspects of a claim. Insurance companies and their adjusters already know these guidelines and procedures and they will use that to their advantage against an unrepresented person. It can be a very confusing and frustrating process for an injured worker, so it is important that you have a knowledgeable attorney on your side to guide you and your claim in the right direction.
At Rasmusson Law Offices, PLLC, we won’t charge you a fee unless we achieve favorable results for you. We also don’t ask for or accept retainer deposits for most cases we handle. Your recovery is our main priority. We handle Workers Compensation cases throughout the state of Montana. If you have been injured at work, are struggling with an existing Work Comp claim, are looking for a dedicated and skilled attorney, or know of someone who needs our help, do not hesitate to reach out today to start with a free consultation.
Workers Compensation Claims – Benefits
Workers Compensation is a form of insurance carried by employers. This coverage provides benefits to employees that sustain an injury or illnesses during the course of their employment. In Montana, the Workers Compensation system provides multiple different types of benefits to the injured worker, including:
- Payment of medical bills related to your injury or occupational disease.
- Payment of lost wages.
- Compensation for impairments and/or disabilities resulting from the injury or occupational disease, including Temporary Total and Permanent Total Disability.
- Vocational Rehabilitation or Job Retraining if you can no longer return to the work you were doing when you were injured.
- Death benefits and financial support for your family, if your loved one lost their life due to their injuries or illness.
We know all about the tricks unethical employers and workers’ comp insurance claim adjusters use. To discourage you from seeking compensation, your employer may fire you, attempt to make you feel guilty, or encourage your coworkers to ostracize you. We’ll give you the support and guidance you need to overcome these tactics and continue with your case. Please rely on us to help you get the benefits you deserve, recover from your injuries and get back to work.
Call us now at 406-549-3323 to team up with a local workers’ comp lawyer.
Injury vs. Occupational Disease
Before filing a claim, it is important to understand which injuries are covered by Workers Compensation. Covered injuries include job-site accidents, injuries from work related activities, and occupational diseases developed over time due to work conditions. Injuries that occur outside of your work-related activities are likely not covered by Workers Compensation but it is always best to contact an experienced Workers Compensation attorney if there is any doubt.
Occupational diseases may be a bit more complex regarding the cause of your symptoms and/or injury. Examples of occupational diseases include carpal tunnel syndrome caused by repetitive movements at work (typing, mechanics, etc.), degenerative disc disease resulting from years of work-related activities (lifting or carrying heavy things or people, prolonged sitting in certain positions like heavy equipment, etc.), or illnesses developed from exposure to certain toxic substances in the course of your employment.
The Claims Process
When an injury occurs at work, it is crucial that it is reported to a manager or supervisor. It is likely that they will file a workers compensation claim on your behalf. However, this is not always the case, and you may need to protect yourself and file a claim or better yet retain an attorney to assist you in filing the claim with the proper party. Your employer should have provided you with the necessary forms to file your claim. It is critical that a claim is filed quickly because any delays may harm your claim and in certain instances can disqualify you from receiving benefits.
Once a claim has been filed, the insurance company will likely begin an investigation of your claim before reaching a decision regarding acceptance of liability and payment of benefits. If your claim is accepted, you should begin receiving benefits shortly thereafter. If you are not being compensated in a timely manner or not being provided with the proper benefits it is important that you take the necessary actions to fix the issue and move your claim forward.
On the other hand, if your claim is denied there are options available to appeal the insurance company’s decision. The first thing to do if your claim is denied is to send the insurance company a letter. In this letter, you need to explain why you disagree with their decision and what you believe you are entitled to. If you do not receive a response within 15 days of this letter you may move to the next option.
- Mediation
Your next option is a mediation conference through the State. In order to get a conference scheduled you will need to submit a Petition for Mediation Conference form with all supporting documentation to the Mediation Unit of the Montana Department of Labor and Industry. Once your Mediation Conference is scheduled, a neutral third party, called a mediator, will lead a conference with you and the insurer aimed towards resolving the dispute. Following the conference, the mediator will issue their recommended solution which you are free to reject or accept. - Montana Workers Compensation Court
Now that you have completed the mediation process, if you and the insurer were unable to resolve the issue you are now free to file a Petition for Hearing/Trial with the Workers Compensation Court. It is crucial that you file a Petition within two years of your claim and/or benefits being denied. Once your Petition is filed, the Court will notify you of all deadlines leading up to your hearing and eventually you will also receive the date, time, and location of your hearing. Leading up to your hearing, you will need to submit information regarding witnesses, medical records, legal arguments, and potentially many other documents to the opposing party and the Judge for review. Once all evidence is reviewed and the final hearing is conducted the Judge will issue a written decision in your case.
The claims process of a Workers Compensation Claim can be very complicated, frustrating, and time consuming. If your claim has been denied, delayed, or you are having trouble navigating the claims process contact Rasmusson Law Offices, PLLC for assistance, the sooner the better. With years of experience, we will help get your claim back in the right direction and your benefits straightened out as quickly as we can.
The appeals process for Workers Comp claims allows you to represent yourself, however it is a very detailed and complicated process. Between evidence submissions, hearings, and Rules of Procedure you should consider hiring a Workers Compensation lawyer to assist you through this process and maximize your results. Contact our office today to set up your free consultation.
Social Security & Medicare Considerations
Social Security Disability and Workers Compensation Benefits can impact one another. For example, upon settling your Workers Compensation Claim, Social Security can take an offset from your benefits due to the money you received in your settlement. Additionally, it is possible that you will need to apply for Social Security Disability benefits following your injury or occupational disease which also needs to be taken into account when negotiating a settlement.
Congress enacted the Medicare Secondary Payer Recovery Act which ensures that Medicare’s interests for future medical expenses are considered in all workers compensation claims. The net effect of this is that a large portion of your workers compensation settlement could be locked up in an account for future claim related medical expenses depriving you of the ability to access those funds.
Our office has handled many Workers Compensation cases that needed to be evaluated while keeping Social Security & Medicare in mind. If this applies to you, call our Missoula law firm to set up a free consultation and we will do our best to help you get the results you deserve and maximize your settlement despite governmental rules and regulations.