Montana puts a step in front of the courthouse. If you disagree with your insurer, you request mediation through the Employment Standards Division first. Only after the mediation requirements are met can you petition the Workers' Compensation Court and you have two years from the denial to do it.
Medical care has an end date too. Benefits for treatment terminate 60 months from the date of injury, so a slow claim can cost you care as well as checks.
Montana wage-loss checks for injuries from July 1, 2026
Once the insurer accepts the claim and your provider keeps you off work, you receive 66 2/3% of your gross wages at the time of injury. For injuries from July 1, 2026 through June 30, 2027, the state requires insurers to use $1,192 a week as the maximum for temporary total disability. Permanent partial disability has a lower cap of $596 a week for the same period.
The waiting period is counted in hours. Nothing is paid for the first 32 hours or four days of wage loss, whichever is less. If you are totally disabled for 21 days or longer, that time may be paid back to the first day.
Temporary total benefits can continue until your provider says you reached maximum medical improvement (the point where more healing is unlikely) or you are released to your job. Our pay calculator gives you a starting number.
| Weekly check | two-thirds (66 2/3%) of your gross wages at the time of injury |
|---|---|
| Weekly cap, injuries July 1, 2026 through June 30, 2027 | $1,192 |
| Waiting period | first 32 hours or 4 days of wage loss (whichever is less) unpaid, paid back if you are off 21 days or longer |
| How long temporary total checks can last | until you reach maximum medical improvement or are released to your job |
Montana deadlines for reports, answers and petitions
- Notice to your employer: within 30 days of the accident, including the time, place and nature of the injury.
- Signed First Report of Injury (FROI): within 12 months of the accident.
- Insurer's answer: 30 days after it receives your signed FROI to accept or deny.
- Petition to the Workers' Compensation Court: within two years of the denial, once mediation is done.
Each of these comes from the state's 2026 benefits summary. Keep a copy of the signed FROI and note the day you turned it in.
Denied in Montana: start with mediation
The date on a denial starts the two-year petition window. To request mediation, the state points you to the Employment Standards Division at (406) 444-6534.
Before that call, figure out what the insurer is actually saying. Our letter explainer translates the wording and our page on a denied workers comp claim lists the papers worth gathering.
For general questions about benefits and rates, the department's line is 406-444-6543.
Montana's limits on what a workers comp lawyer charges
A state rule caps contingency fees in two tiers. If the case settles without an order from the workers' compensation judge or the Supreme Court, the fee is limited to 20% of the compensation you receive through the attorney's work. If it goes to a hearing before that judge or the Supreme Court, the cap is 25% of the additional compensation the order brings you.
People also ask
Can I choose my own doctor in Montana?
For your first treatment, yes. After the insurer accepts liability, it may name a different treating physician or approve the one you picked.
How long does a Montana insurer have to decide?
30 days after it receives your signed First Report of Injury.