How to File a Workers' Compensation Claim in Montana
Reviewed by DocDraft Legal Team · Montana · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without having to prove the employer was at fault. In Montana, the system is administered by the Employment Relations Division (ERD) of the Department of Labor and Industry, and contested claims are decided by the Montana Workers' Compensation Court after a required mediation. Two deadlines are critical. You must give your employer notice of the injury within 30 days of the accident (Mont. Code Ann. 39-71-603), and you generally have 12 months from the date of the accident to present a written claim to the employer, the insurer, or the department (Mont. Code Ann. 39-71-601). You open the claim by completing a First Report of Injury (FROI) form, the insurer decides to accept or deny it, and if it is disputed you go through the ERD's mediation and can then petition the Workers' Compensation Court. Attorney review of your claim is available through DocDraft.
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How do I file a workers' compensation claim in Montana?
First, report your injury to your employer within 30 days of the accident (Mont. Code Ann. 39-71-603). Then a First Report of Injury form is completed and submitted to your employer, its insurer, or the Montana Department of Labor and Industry to open your claim, which the insurer reviews.
How long do I have to file a workers' compensation claim in Montana?
Two deadlines matter. You must report the injury to your employer within 30 days of the accident (Mont. Code Ann. 39-71-603). Separately, you generally have 12 months from the date of the accident to present a written claim to the employer, insurer, or department (Mont. Code Ann. 39-71-601). Missing either can bar benefits.
What is the First Report of Injury form in Montana?
The First Report of Injury (FROI) is the form used to open a Montana workers' compensation claim. It records how, when, and where you were hurt. You, your employer, or the insurer can complete it, and you may file it with your employer, its insurer, or the Montana Department of Labor and Industry.
Who handles workers' compensation claims in Montana?
Montana's workers' compensation system is administered by the Employment Relations Division (ERD) of the Department of Labor and Industry. Your employer's insurer decides your claim day to day. If a dispute arises, the ERD runs required mediation, and unresolved cases go to the Montana Workers' Compensation Court.
Montana workers' compensation claim law at a glance
In Montana, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurer, regardless of fault. The system is run by the Employment Relations Division (ERD) of the Department of Labor and Industry, and contested claims are decided by the Montana Workers' Compensation Court after required mediation. You must give your employer notice of the injury within 30 days of the accident (Mont. Code Ann. 39-71-603). A First Report of Injury form is then completed to open the claim. Separately, you must present a written claim within 12 months from the date of the accident (Mont. Code Ann. 39-71-601), or your right to benefits can be forever barred.
Filing a Montana workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a Montana warehouse. You tell your supervisor and, the same week, give written notice of the injury, staying well inside the 30-day reporting deadline (Mont. Code Ann. 39-71-603). You complete a First Report of Injury form, describe the injury, keep a copy, and file it with your employer to open the claim. The insurer starts paying for medical treatment but later disputes your wage-replacement benefits. Because you must present a written claim within 12 months of the accident (Mont. Code Ann. 39-71-601), you file in time, go through the required mediation, and can petition the Workers' Compensation Court. Attorney review is available through DocDraft.
Relevant Laws
Mont. Code Ann. 39-71-603 (30-day notice of injury to employer)
Provides that a claim for an injury not resulting in death may not be considered compensable unless, within 30 days after the occurrence of the accident that is claimed to have caused the injury, notice of the time and place where the accident occurred and the nature of the injury is given to the employer or the employer's insurer. The employer's actual knowledge of the accident and injury is equivalent to notice.
Mont. Code Ann. 39-71-601 (12-month limitation to present a claim)
Provides that claims for personal injury or death are forever barred unless presented in writing to the employer, the insurer, or the department within 12 months from the date of the happening of the accident. The insurer may waive the time requirement up to an additional 24 months on a reasonable showing of lack of knowledge of disability, latent injury, or equitable estoppel.
Montana Department of Labor and Industry, Employment Relations Division, Workers' Compensation Claims
The Employment Relations Division administers Montana workers' compensation, ensures compliance with the Workers' Compensation Act relating to benefits and claims, uses the First Report of Injury (FROI) to open claims, and performs the statutorily required process for resolving benefit disputes before a case is filed with the Workers' Compensation Court.
Regional Variances
Montana workers' compensation claim rules at a glance
Reporting deadline
30 days after the occurrence of the accident that caused the injury to give your employer notice, under Mont. Code Ann. 39-71-603. The employer's actual knowledge of the accident can count as notice.
Claim form
The First Report of Injury (FROI) form opens the claim. You, your employer, or the insurer can complete it, and it may be filed with the employer, the insurer, or the Montana Department of Labor and Industry.
Filing deadline
Generally 12 months from the date of the accident to present a written claim (Mont. Code Ann. 39-71-601). The insurer may waive the limit by up to 24 more months for a latent injury or lack of knowledge of disability.
Who administers it
The Employment Relations Division (ERD) of the Department of Labor and Industry. Contested claims are decided by the Montana Workers' Compensation Court after the ERD's required mediation.
How disputes are filed
First through the ERD's required mediation when the insurer denies or delays the claim. If mediation does not resolve it, by filing a petition with the Montana Workers' Compensation Court.
Suggested Compliance Checklist
Report the injury to your employer
Within 30 days of the accident days after startingGive your employer notice of the injury within 30 days of the accident that caused it (Mont. Code Ann. 39-71-603). Put the notice in writing, state the time, place, and nature of the injury, and keep a dated copy so you can prove you reported on time.
Get medical care and keep records
As soon as possible after the injury days after startingSeek treatment and tell the provider your injury is work-related. Keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the insurer later disputes benefits.
Complete and file the First Report of Injury
As soon as you have reported the injury days after startingFill out the First Report of Injury (FROI) form, describing the injury and affected body parts, and file it with your employer, the insurer, or the Montana Department of Labor and Industry to open the claim. Keep a copy. Attorney review of your claim is available through DocDraft.
Present the written claim within 12 months
Within 12 months of the accident days after startingMake sure your written claim reaches the employer, the insurer, or the department within 12 months of the accident (Mont. Code Ann. 39-71-601). This deadline is separate from the 30-day report, and missing it can forever bar your claim, so file early and keep proof.
Track the insurer's decision and deadlines
While the claim is pending days after startingThe insurer will accept or deny your claim. Calendar any deadline the insurer sets for information, keep proof of what you sent, and note the date of the accident so you can protect the 12-month filing window under Mont. Code Ann. 39-71-601.
Use mediation and the Workers' Compensation Court if disputed
After a denial or delay days after startingIf the claim is denied, delayed, or underpaid, go through the Employment Relations Division's required mediation. If mediation does not resolve it, file a petition with the Montana Workers' Compensation Court. Act promptly to protect your rights and benefits.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer | Give your employer notice of the injury within 30 days of the accident that caused it (Mont. Code Ann. 39-71-603). Put the notice in writing, state the time, place, and nature of the injury, and keep a dated copy so you can prove you reported on time. | - | Within 30 days of the accident |
| Get medical care and keep records | Seek treatment and tell the provider your injury is work-related. Keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the insurer later disputes benefits. | - | As soon as possible after the injury |
| Complete and file the First Report of Injury | Fill out the First Report of Injury (FROI) form, describing the injury and affected body parts, and file it with your employer, the insurer, or the Montana Department of Labor and Industry to open the claim. Keep a copy. Attorney review of your claim is available through DocDraft. | - | As soon as you have reported the injury |
| Present the written claim within 12 months | Make sure your written claim reaches the employer, the insurer, or the department within 12 months of the accident (Mont. Code Ann. 39-71-601). This deadline is separate from the 30-day report, and missing it can forever bar your claim, so file early and keep proof. | - | Within 12 months of the accident |
| Track the insurer's decision and deadlines | The insurer will accept or deny your claim. Calendar any deadline the insurer sets for information, keep proof of what you sent, and note the date of the accident so you can protect the 12-month filing window under Mont. Code Ann. 39-71-601. | - | While the claim is pending |
| Use mediation and the Workers' Compensation Court if disputed | If the claim is denied, delayed, or underpaid, go through the Employment Relations Division's required mediation. If mediation does not resolve it, file a petition with the Montana Workers' Compensation Court. Act promptly to protect your rights and benefits. | - | After a denial or delay |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits from the employer's insurer, without proving fault. In Montana, you open a claim with a First Report of Injury form, and disputes are decided by the Workers' Compensation Court.
Reporting means giving your employer notice of the injury, which you must do within 30 days (Mont. Code Ann. 39-71-603). Filing the claim is the separate step of presenting a written claim, usually a First Report of Injury form, within 12 months (Mont. Code Ann. 39-71-601). Reporting comes first.
You have 30 days after the accident that caused the injury to give your employer notice (Mont. Code Ann. 39-71-603). The notice states the time and place of the accident and the nature of the injury. The employer's actual knowledge of the accident can count as notice.
Generally, you must present a written claim within 12 months from the date of the accident (Mont. Code Ann. 39-71-601), or the claim is forever barred. The insurer may waive that limit by up to 24 more months for a latent injury or lack of knowledge of disability.
Reporting after 30 days can jeopardize your claim. Mont. Code Ann. 39-71-603 says a claim may not be considered compensable unless notice is given within 30 days of the accident, unless the employer already had actual knowledge of it. Report as soon as you can to be safe.
Day to day, your employer's insurer decides whether to accept or deny the claim. If you disagree, the Employment Relations Division runs a required mediation. If that does not resolve it, the Montana Workers' Compensation Court hears the dispute after you file a petition.
No. Montana workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. In exchange, benefits are set by statute.
If the insurer denies or delays your claim, you first go through the Employment Relations Division's required mediation. If mediation does not resolve the dispute, you can file a petition with the Montana Workers' Compensation Court. Attorney review of your case is available through DocDraft.
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