Quick answer
There is no single settlement amount for a Montana work injury. This chart shows modeled estimates, not a measured average of actual settlements. The calculator's reference weekly rate at a $1,200 average weekly wage is $800; permanent disability and settlement rules can use a different rate or method. Review your rating, wage loss, medical rights, and the benefits released before comparing an offer.
Last reviewed: October 2026 · Source: Montana Employment Relations Division, Workers' Compensation
Montana 2026 rate snapshot
- Wage replacement
- 66.67%
- Max weekly benefit
- $1,008
- Min weekly benefit
- -
- Weekly rate at $1,200 AWW
- $800
Montana settlement chart by injury
Each range below is an illustrative model at a $1,200 average weekly wage, using a simplified wage rate, common reference weeks, assumed impairment ratings, and medical multipliers. It is not a verified Montana statutory award schedule or a record of actual settlements.
| Injury / procedure | Typical impairment | Scheduled weeks | Estimated settlement range |
|---|---|---|---|
Back strain / sprain (no surgery) Conservative care, physical therapy, no surgical intervention. | 2% - 8% | 6 - 25 | $5,741 - $22,964 |
Herniated disc (no surgery) Confirmed disc herniation managed with injections and therapy. | 5% - 12% | 16 - 37 | $15,601 - $37,442 |
Lumbar fusion surgery One or two level fusion with permanent work restrictions. | 15% - 30% | 47 - 94 | $56,163 - $112,326 |
Rotator cuff repair Arthroscopic repair with residual strength and range-of-motion loss. | 8% - 20% | 25 - 62 | $25,960 - $64,899 |
Shoulder replacement (incl. reverse) Total or reverse total shoulder arthroplasty with lifting limits. | 20% - 40% | 62 - 125 | $72,388 - $144,775 |
Knee arthroscopy / meniscus repair Scope with partial meniscectomy and residual instability. | 5% - 15% | 14 - 43 | $13,825 - $41,474 |
Total knee replacement Arthroplasty with permanent standing and walking restrictions. | 20% - 40% | 58 - 115 | $66,819 - $133,639 |
Carpal tunnel release One or both hands, with residual grip weakness or numbness. | 5% - 15% | 12 - 37 | $11,225 - $33,674 |
Finger amputation Partial or full loss of a digit, scheduled award. | 50% - 100% | 23 - 46 | $22,081 - $44,162 |
Ankle / foot fracture with hardware ORIF fracture repair with residual gait limitation. | 10% - 25% | 21 - 51 | $21,321 - $53,303 |
Concussion / mild TBI Post-concussive symptoms with cognitive or vestibular treatment. | 3% - 10% | 15 - 50 | $16,201 - $54,003 |
Severe traumatic brain injury Permanent cognitive deficits, often with lifetime medical exposure. | 25% - 60% | 125 - 300 | $180,009 - $432,022 |
Occupational hearing loss (both ears) Noise-induced loss with hearing-aid provision. | 10% - 35% | 20 - 70 | $17,601 - $61,603 |
Montana impairment rating payout examples
Worked examples at a $1,200 average weekly wage ($800 per week in Montana). Payable weeks in this model equal common reference weeks times the assumed rating; actual state rules may use a different method.
| Body part | Reference weeks | 10% rating | 25% rating | 100% loss |
|---|---|---|---|---|
| Thumb | 75 | $6,000 | $15,001 | $60,003 |
| Index finger | 46 | $3,680 | $9,200 | $36,802 |
| Hand | 244 | $19,521 | $48,802 | $195,210 |
| Foot | 205 | $16,401 | $41,002 | $164,008 |
| Leg | 288 | $23,041 | $57,603 | $230,412 |
| Arm / shoulder | 312 | $24,961 | $62,403 | $249,612 |
| Back / spine | 312 | $24,961 | $62,403 | $249,612 |
Uses common reference schedule weeks. Montana's own schedule may differ for some body parts.
How settlements work in Montana
- Approval: Lump-sum and compromise settlements must be approved by the Montana Department of Labor and Industry.
- Choosing a doctor: The insurer designates or approves the treating physician. This matters because the treating doctor usually assigns the impairment rating that drives your payout.
- Waiting period: 4 days before wage-loss benefits start, paid back if you are out more than 21 days.
- Deadlines: notify your employer within 30 days; file with the state within 12 months from the date of injury.
- Agency: Montana Employment Relations Division, Workers' Compensation
What moves a Montana settlement up or down
- Your average weekly wage, and whether overtime, bonuses, and second-job income were included.
- Whether your weekly rate is capped at $1,008 - high earners lose leverage above the cap.
- The impairment rating assigned at Maximum Medical Improvement, and who assigned it.
- Projected future medical care and whether a Medicare set-aside is required.
- Whether compensability or causation is disputed by the carrier.
- Your ability to return to the same job in Montana at the same wage.
Montana settlement chart FAQ
General guidance, not a legal valuation. Verify current rules with the official state agency; tax guidance follows IRS Publication 525.
What is the average workers' comp settlement in Montana?+
This Montana chart does not establish a measured average settlement. Its ranges are modeled examples using an assumed $1,200 average weekly wage, reference schedule weeks, impairment assumptions, and medical multipliers—not a database of actual Montana settlements. A specific offer depends on the benefits available under state law, medical needs, wage loss, disputed issues, and the rights being released.
How do I use the Montana workers' comp settlement chart?+
Use the Montana chart to compare illustrative injury scenarios, not to look up a guaranteed payout. Identify the injury, then check your actual wage rate, rating, benefit category, and state-specific disability method. The table uses common reference weeks rather than a verified Montana schedule for every body part. Medical multipliers are modeling assumptions, not treatment quotes or legal entitlements.
How is a Montana workers' comp settlement calculated?+
Montana permanent disability must be valued using the applicable state method, which may involve scheduled loss, impairment, or reduced earning capacity. The full settlement also depends on unpaid benefits, future wage loss, medical rights if legally settleable, and disputed issues. Do not assume the TTD weekly rate or a generic weeks-times-rating formula determines every permanent award.
What is a 10% impairment rating worth in Montana?+
A 10% impairment rating does not have one fixed dollar value in Montana. Its meaning depends on whether it applies to a body part or the whole person, the governing rating system, injury date, and permanent disability rules. A scheduled-award illustration would multiply the applicable PPD weekly rate by the state's scheduled weeks and 0.10, but only if that method actually applies. The reference table on this page is not a verified state-specific award calculation.
Does a judge have to approve a Montana workers' comp settlement?+
Lump-sum and compromise settlements must be approved by the Montana Department of Labor and Industry. The agreement's scope matters: check which benefits it releases, whether medical care remains available, and whether any reopening rights survive. Confirm the current procedure with Montana Employment Relations Division, Workers' Compensation before signing.
Will a Montana workers' comp settlement close future medical care?+
A Montana settlement may preserve or release medical rights depending on the agreement and state law. Read the medical provisions before comparing dollar offers. If you take responsibility for future treatment, consider documented expected costs rather than the chart's generic medical multiplier.
What is the difference between TTD and a permanent disability award in Montana?+
Temporary total disability (TTD) replaces qualifying wages while you cannot work during recovery. Permanent disability benefits address lasting impairment or loss of earning capacity under Montana law. The categories can use different rates, caps, and calculation methods. Past TTD checks, a permanent award, and a negotiated settlement are not interchangeable amounts and should not automatically be added together.
What is the maximum weekly workers' comp benefit in Montana?+
The calculator lists $1,008 per week as its reference TTD maximum for Montana. This is not a maximum settlement amount, and it may not be the correct rate for permanent disability. Montana's temporary total disability estimate uses 66.67% of average weekly wages, subject to the applicable weekly limits. The wage period and earnings included depend on Montana law. Check the injury-date rate notice and benefit category with Montana Employment Relations Division, Workers' Compensation.
When will the insurer offer a settlement in my Montana claim?+
There is no guaranteed settlement-offer date in Montana. Medical stability and permanent disability assessment often help the parties evaluate future exposure, but a disputed claim may be negotiated at another stage. Treatment, disputed liability, records, negotiations, and required approval all affect timing. An early or late offer is not automatically below or above a fair value.
How do I know whether my Montana settlement offer is fair?+
Compare the offer with the benefits and rights you would retain without settling, not just the chart range. Review wage calculations, the medical rating, work restrictions, unpaid benefits, future treatment, and any disputed liability. Check fees, expenses, offsets, and what you will receive after deductions. A Montana attorney can explain the legal tradeoffs, but representation does not guarantee a larger payment.
Does surgery guarantee a larger workers' comp settlement in Montana?+
No. Surgery alone does not determine a Montana workers' compensation award or settlement. Lasting impairment, work capacity, covered medical needs, and state benefit rules matter. A successful operation with little residual disability can produce a different outcome from an injury requiring long-term care; the surgery label in this chart is an illustrative scenario, not a minimum payout.
Are workers' comp settlements taxable in Montana?+
Montana workers' compensation settlements paid under a workers' compensation law for an occupational injury or sickness are generally excluded from federal income tax under IRC Section 104(a)(1). This does not make all injury-related payments tax-free: wages earned after returning to work, certain retirement payments, and payments outside workers' compensation may be treated differently. IRS Publication 525 also explains that the portion replacing Social Security benefits reduced by a workers' compensation offset is treated as Social Security benefits for tax purposes. Check state tax treatment and any allocation in your agreement with a tax professional.
Can I claim pain and suffering in a Montana workers' comp settlement?+
Montana statutory workers' compensation benefits generally do not include a separate pain-and-suffering award. They address covered medical care, wage loss, and permanent disability under state law. A separate claim against a responsible third party may allow different damages, but it requires its own legal assessment and can involve reimbursement or credit rights; do not add lawsuit damages to this comp chart.
Do I need an attorney to settle a Montana workers' comp claim?+
An attorney is not generally required for every Montana claim, but representation can affect settlement procedures and approval requirements. A lawyer can review the rating, wage records, future care, released rights, and disputed benefits. Ask about applicable fee approval and expenses before hiring; neither a consultation nor representation guarantees a settlement or higher payout.
What are the deadlines for a Montana workers' comp claim?+
Montana's general traumatic-injury guidance lists employer notice as 30 days and claim filing as 12 months from the date of injury. These are separate requirements: an employer's accident report may not protect your right to file a claim. Occupational disease, repetitive trauma, prior benefit payments, and other exceptions can change the deadline or its starting date. Report promptly and confirm your specific dates with the Montana Employment Relations Division, Workers' Compensation.
Where can I verify Montana settlement rules and benefit rates?+
Use the Montana Employment Relations Division, Workers' Compensation's official website at https://erd.dli.mt.gov/work-comp-claims/ to check current forms, rate notices, and settlement procedures. Confirm the rules effective for your injury date and benefit type. This chart is an educational model, not an agency-approved valuation or an individualized legal opinion.
Is your Montana settlement offer below chart value?
A licensed workers’ compensation lawyer can explain your rights, review disputed benefits, and help you assess a settlement offer. Ask about consultation costs, attorney fees, and expenses before hiring anyone. No result is guaranteed.
Settlement charts in states near Montana
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.