Montana’s workers’ compensation insurance program is designed
to provide immediate benefits for individuals who are injured at work
regardless of the type of injury. However, there are certain factors the
Montana Department of Labor and Industry must consider.
In most instances, the most common work injuries are reported directly
to a supervisor, who in turn should contact the respondent insurance company
or the state board. The workers’ comp law in Montana allows injured
workers to file claims personally as well.
A large number of initial applications are denied by the insurance company,
often due to missing information or incomplete paperwork. That’s
when it’s necessary to retain an experienced Montana workers’
compensation attorney who understands how to craft a successful claim
presentation like our legal team at Odegaard Braukmann Law.
What an Attorney Can Do
An employer may try to argue against a workers’ comp claim, even
when the employer is in compliance with the workers’ comp law regarding
providing coverage. An employer, however, has no say in whether the claim
is accepted or denied. Having a legal representative means a full investigation
can be conducted concerning how the injury occurred and what the conditions
were surrounding the accident.
All testimony or evidence provided by the employer can be evaluated for
validity or collusion between the employer and the insurance provider.
A novice injured worker is at a real disadvantage when they file a claim
without benefit of legal counsel that understands this common practice.
Bad Faith Claims
Many times, a workplace injury benefit claim is denied by the insurance
company because of bad faith tactics used by the employer or the insurance
company, and sometimes both when they have a private agreement in denying
This scenario happens more often than people realize, especially in industries
that have a policy of hiring private contractors instead of carrying an
While this tactic may work regarding tax issues, it is not an acceptable
claim in an injury case. The Department of Labor and Industry is primarily
concerned with the nature of the relationship between the claimant and
respondent instead of business technicalities.
Insurance companies can be guilty of this standard, and additional legal
action could result when an aggressive workers’ compensation attorney
can prove bad faith or collusion.
Sometimes, an investigation may reveal non-compliance with safety regulations
governing an industry. This happens more often than workers realize and
many workplace injuries happen in remote locations with little regulatory
Additional legal action can arise when a workers’ compensation attorney
can investigate the accident and provide documented evidence of non-compliance,
revealing negligence on the employer’s part.
The reasons that a workers’ compensation claim has been denied matters
greatly in winning an appeal or actually taking the case to a full trial
in a state court. Anyone in Montana who has been denied workers’
compensation benefits should contact Odegaard Braukmann Law for a full
free case evaluation.