Montana's industries — construction, agriculture, energy, logging, and more — carry real injury risk. While workers' compensation covers many on-the-job injuries, some situations open the door to additional claims.
How Workers' Comp Works
Workers' compensation provides benefits — medical care and partial wage replacement — for job-related injuries regardless of fault. In exchange, it generally bars an injured worker from suing their employer directly. For many workplace injuries, comp is the primary remedy.
But comp benefits are limited; they don't include compensation for pain and suffering, which can be significant in serious injuries.
When a Third-Party Claim Exists
Many workplace injuries involve someone other than the employer — a subcontractor, a property owner, an equipment manufacturer, or a negligent driver in a work-related crash. When a third party's negligence contributes to the injury, the worker may bring a separate claim against that party in addition to receiving comp benefits.
Third-party claims can provide compensation beyond what workers' comp allows, including for pain and suffering.
Common Montana Scenarios
Third-party claims arise on construction sites with multiple contractors, in crashes while driving for work, from defective tools or machinery, and in industrial settings where another company's negligence causes harm. Montana's energy, agricultural, and construction sectors frequently present these situations.
Identifying a viable third-party claim can substantially increase a worker's total recovery.
Coordinating the Claims
When both comp and a third-party claim exist, they must be coordinated. The workers' comp insurer may have a right to reimbursement from a third-party recovery, and how this is handled affects what the worker keeps. Experienced guidance helps maximize the net result.
Properly managing this interplay is an important part of getting full value from a workplace injury.
Explore All Your Options
If you were hurt on the job in Montana, don't assume workers' comp is your only avenue. A free review can identify whether a third-party claim may also be available.
Call 973-566-5599 for a free, confidential review of your Montana workplace injury.
Frequently Asked Questions
You generally can't sue your employer, but if a third party — like a contractor, driver, or equipment maker — contributed to your injury, you may have a separate claim against them.
Because it can provide compensation beyond workers' comp, including for pain and suffering, which comp doesn't cover.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Montana attorney. Injury Claim Team is a legal referral and lead-generation service, not a law firm.