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Work Injury Law in Missoula, and generally in the United States, is part of the wider area of employment law. It primarily addresses circumstances where employees are injured or get sick as a result of their job. Occupational safety, compensation for injury, and the right to sue an employer for negligence are some of the issues covered under this legal domain. Several federal laws apply, but the state of Montana also has its own rules and regulations intended to protect workers.
Engaging a lawyer can be helpful, and at times necessary, when an employee has faced a work injury. You might need a lawyer for reasons such as:
In Missoula, workers are protected under the Montana Workers' Compensation Act. Employers are required to have workers' compensation insurance coverage for their employees. In case of a work-related injury, employees are entitled to have their medical bills paid and typically are eligible for wage-loss benefits if they miss more than 32 hours or four days of work due to injury.
After receiving immediate medical attention, you should notify your employer about the injury as soon as possible and fill out an injury report.
Under the workers’ compensation rules in Montana, those who receive workers' compensation benefits generally may not sue their employers for a workplace injury. However, there could be exceptions depending on the situation.
Your employer cannot legally terminate your employment based on the fact you filed a workers' compensation claim. If this happens, you should consult a lawyer immediately.
If your claim is denied, you have the right to challenge that decision. It would be wise to have a legal professional assist you with this process.
In Montana, you generally have one year from the date of the injury to file a workers' compensation claim.
You can find additional information from the Montanan Department of Labor & Industry's Workers' Compensation Regulation Bureau, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and National Institute of Occupational Safety and Health (NIOSH).
If you think you are in need of legal assistance due to a work injury, consider consulting a lawyer who specializes in employment law or specifically in work injury cases. They can help you assess your situation, and guide you on how to move forward with your claim or case.
