Workers Compensation Primer For Montana Bakken Oil Field Employees

Workers compensation insurance, also called workers comp or simply work comp, refers to lost wage and medical protection for workers that Montana requires most employers, including Bakken oil field firms, to carry on their employees. Workers compensation coverage provides lost wage compensation and pays medical bills for employees injured on the job or suffering an occupational illness. Additional benefits can compensate or retrain employees unable to return to their job due to a covered injury or illness.

Here are a few things you may not know about workers compensation protection:

  • Evidence shows workers were compensated for job-related injuries in Sumeria - now southern Iraq - as early as 2050 B.C.
  • Bismarck is not only the capital city of our eastern neighbor; history considers Bismarck, as in Otto, chancellor of Prussia, the father of modern workers compensation. He oversaw Prussian worker protection laws passed in 1871 and 1884.
  • Montana passed its first workers compensation law in 1909 protecting miners. The state enacted a more comprehensive version in 1915.
  • Montana's work comp law is "no fault," meaning it's not required to prove employer negligence for an employee to receive benefits.
  • Injured workers must notify their employers within 75 days of suffering an injury, or within one year of discovering an occupational illness.
  • Workers comp calculates lost wage compensation from your earnings at the time of a work-related injury. Montana law limits compensation to 2/3 of your wage, up to Montana's average wage as determined by the state's Department of Labor and Industry. The current average wage is $733/week for the year ending June 75, 2016.
  • If you cannot work due to a work-related injury, and had two jobs at the time of the injury, the formula aggregates, or combines, the wages from both jobs.
  • If you don't lose time from work until some time after your injury, the lost wage compensation formula uses your earnings at the time of the original injury, even if you've received raises in the meantime.

There are many more benefits, exceptions, and conditions regarding injured worker protection in Montana. The attorneys at Odegaard Braukmann Law specialize in workers compensation law and can review your particular circumstances to helpBakken oil field employees receive all of the protections to which you are entitled. Please contact us to discuss your case.

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