Posted: 05/22/2023
Workers Compensation Workplace Injury
Ouch! Your office just received a package delivery. When you bend over to pick it up, you suddenly feel a shooting pain up your back and fall to the floor. There are several questions that start racing through your mind including, "what should I do now?"
Don't panic. Here are some steps you can take to get help and protect your rights as a worker in Montana.
If this is an emergency. Don't wait. Call an ambulance or get to the hospital right away. You need to seek medical attention to make sure you are getting the treatment you need. Be sure to keep any medical documentation that is provided that shows the date and time of your treatment and hospital visit.
Don't wait or try to tough it out. The sooner you report your injury, the better. You have 30 days to let your employer know, but why risk it? Your boss needs to know what happened and how to prevent it from happening again.
Your employer may provide you a form called First Report of Injury (Claim) Form. This is how you start your claim for workers' compensation benefits. If they do not provide one, then you can obtain one from the Montana Department of Labor & Industry. It is best to file your claim form as soon as possible. However, a claim for an occupational injury or accident must be filed within one year from the date of injury/accident. The form will ask you some questions about your injury, like when, where, how and why it happened, and what kind of medical care you received or need. Be honest and more importantly, be accurate.
Once your claim is filed, you should be contacted by a claims adjuster. If you do not hear from an adjuster within a few weeks of filing your claim and are unsure who your work comp insurer is, contact the Montana Department of Labor & Industry, Employment Relations Division. Once your claim file is received by the work comp insurer, the claims adjuster should make a decision concerning your claim within 30 days of receipt. Anticipate they will ask you questions, and gather medical information.
Getting hurt on the job in Montana is no fun, but it doesn't have to be a nightmare. If you have been injured at work and have questions about your workers' compensation rights, our workers' compensation lawyers have extensive experience in this space. At Odegaard Injury Lawyers, we can advise you about your coverage and guide you through your options and opportunities. Contact us for a free consultation.
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