Montana Workers' Compensation Benefits
Montana's workers' compensation system pays 66.67% of your average weekly wage, up to a state maximum of $1,008/week for temporary total disability. Use the calculators below to estimate your weekly benefit, your permanent disability award, and the lump-sum settlement value of your claim.
Montana benefit snapshot
- Max weekly TTD
- $1,008
- Min weekly TTD
- -
- Wage replacement
- 66.67%
- Effective
- 2026
How Montana workers' comp benefits are calculated
Montana multiplies your average weekly wage (AWW) by 66.67% to determine your weekly wage-replacement benefit. The result is capped at the state maximum of $1,008 per week.
Your AWW typically reflects gross earnings over the 52 weeks before the injury, including overtime, bonuses, and (in many states) earnings from a second job. Permanent disability awards in Montana are then calculated by multiplying this weekly rate by a scheduled number of weeks for the affected body part and your impairment percentage.
Weekly benefit examples in Montana
| Average weekly wage | Weekly TTD (66.67%) | Annual | At state cap? |
|---|---|---|---|
| $600 | $400 | $20,801 | No |
| $900 | $600 | $31,202 | No |
| $1,200 | $800 | $41,602 | No |
| $1,800 | $1,008 | $52,416 | Yes |
| $2,500 | $1,008 | $52,416 | Yes |
What affects your Montana settlement value
- Average weekly wage and resulting weekly TTD rate.
- Permanent impairment rating and the affected body part's scheduled weeks.
- Past and projected future medical costs (including any Medicare set-aside).
- Whether you have legal representation - represented claims settle ~30–40% higher.
- Whether the claim is disputed or has compensability issues.
- Pre-existing conditions or prior injuries to the same body part.
- Your ability to return to work in the same or modified capacity.
Montana workers' compensation board and claim process
Workers' compensation in Montana is administered by the Montana Employment Relations Division, Workers' Compensation. The agency publishes the official claim forms, tracks claim status, and hears disputes when a carrier denies or underpays benefits.
| State agency | Montana Employment Relations Division, Workers' Compensation |
|---|---|
| Notice to employer | 30 days |
| Deadline to file a claim | 12 months from the date of injury |
| Official website | https://erd.dli.mt.gov/work-comp-claims/ |
How to file a Montana workers' comp claim
- Report the injury to your employer. Montana requires notice within 30 days. Put it in writing and keep a dated copy.
- Get medical treatment. Tell the provider the injury happened at work so treatment is billed to the comp carrier, not your health insurance.
- Confirm the first report of injury was filed. Your employer must report the claim to its insurance carrier, which opens the claim file.
- Track your wage-replacement checks. Compare each check against the $800 you would receive on a $1,200 AWW at 66.67% to spot an understated average weekly wage.
- File a formal claim if benefits stall. If the carrier denies, delays, or underpays, file with the Montana Employment Relations Division, Workers' Compensation within 12 months from the date of injury.
- Resolve permanent disability. After Maximum Medical Improvement you receive an impairment rating, which drives your PPD award or lump-sum settlement.
Deadlines above are general statutory guidelines for traumatic injuries. Occupational disease, repetitive trauma, and death claims can follow different timelines. Confirm your dates with the Montana Employment Relations Division, Workers' Compensation or a Montana workers' comp attorney.
Montana workers' comp FAQ
Who administers workers' compensation claims in Montana?+
Claims are administered by the Montana Employment Relations Division, Workers' Compensation. Forms, claim status information, and dispute procedures are published at https://erd.dli.mt.gov/work-comp-claims/.
How do I file a workers' comp claim in Montana?+
Report the injury to your employer (30 days in Montana), get medical treatment and tell the provider it is work related, then confirm your employer filed the first report of injury with its carrier. If benefits are denied or delayed, file a formal claim with the Montana Employment Relations Division, Workers' Compensation. The filing deadline is generally 12 months from the date of injury.
What is the deadline to file a workers' comp claim in Montana?+
Montana generally requires notice to your employer within 30 days, and a formal claim filed within 12 months from the date of injury. Occupational disease, repetitive trauma, and death claims can follow different deadlines, so confirm with the Montana Employment Relations Division, Workers' Compensation.
What is the maximum weekly workers' comp benefit in Montana?+
The current maximum TTD rate in Montana is $1,008 per week.
How is the weekly workers' comp rate calculated in Montana?+
Montana pays 66.67% of your average weekly wage (AWW), capped at $1,008 per week.
What is the minimum workers' comp benefit in Montana?+
Montana does not set a fixed statutory minimum weekly TTD benefit.
How long can I receive TTD benefits in Montana?+
TTD continues until you return to work, are released by your treating physician, or reach Maximum Medical Improvement (MMI). Montana also caps the total number of TTD weeks under state statute.
Are workers' comp benefits taxable in Montana?+
No. Workers' compensation benefits in Montana are exempt from federal and state income tax.
Can I see my own doctor in Montana?+
Treating-physician choice rules vary by state. In many states the employer or insurer chooses the initial physician; some states allow the worker to select their own. Check the Montana workers' comp board for your specific rights.
What if my Montana employer is underpaying me?+
Insurance carriers commonly miscalculate AWW by excluding overtime, bonuses, or secondary income. If your weekly check ($800 for an AWW of $1,200) appears low, request the carrier's AWW worksheet and consult a Montana workers' comp attorney.
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Workers' comp calculators by state
These calculations are estimates based on your inputs and general workers' compensation formulas. Actual benefits depend on state law, your specific injury, employer insurance carrier, and other factors. This is not legal advice. Consult a licensed workers' compensation attorney for guidance specific to your claim.