Montana Petition For Hearing (Occupational Disease)

State:
Montana
Control #:
MT-SKU-0560
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Description

Petition For Hearing (Occupational Disease)

A Montana Petition For Hearing (Occupational Disease) is the process of filing a claim for workers' compensation benefits when a worker has been injured or has developed an illness as a result of their job. The Montana Department of Labor and Industry administers the workers' compensation system in Montana. The process for filing a Montana Petition For Hearing (Occupational Disease) begins when a worker completes and submits an Occupational Disease Report to their employer and the Montana Department of Labor and Industry. The report must include details of the worker's job duties, the condition that has been diagnosed, and any medical or other evidence that supports the claim. The employer and the department will review the report and determine whether the worker is eligible for workers' compensation benefits. If the employer and the department agree that the worker is eligible, they will issue a Notice of Eligibility for Compensation. The worker must then submit a Montana Petition For Hearing (Occupational Disease) to the Montana Department of Labor and Industry. The petition will include all the relevant information about the worker's job duties, the condition that has been diagnosed, and any medical or other evidence that supports the claim. The department will then hold a hearing to determine if the worker is eligible for workers' compensation benefits. If the hearing is successful, the worker will receive workers' compensation benefits. There are two types of Montana Petition For Hearing (Occupational Disease): one for an injury or illness that occurred while the worker was employed, and one for an illness or injury that occurred as a result of workplace exposure to a hazardous substance.

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FAQ

You may receive weekly compensation of 66 2/3 percent of your wages at the time of injury ? up to the maximum rate (see chart below).

Is there a waiting period before I receive benefits? A. Section 39-71-736, MCA. Compensation may not be paid for the first 32 hours or 4 days' loss of wages, whichever is less, that the claimant is totally disabled and unable to work because of an injury.

In Montana, work comp may be obtained in three ways: self-insurance, private company, or from Montana State Fund. Work comp is solely funded by premiums paid by employers based on the amount of payroll they pay in the various job categories or class codes. Each class code has a work comp rate associated with it.

Form ERD-991 First Report of Injury or Occupational Disease (FROI). (click link above) Employees must submit a written and signed First Report of Injury (FROI) within 12 months from the date of their accident or occupational disease. They can submit this form to you, EMPLOYERS or the Department of Labor and Industry.

Form ERD-991 First Report of Injury or Occupational Disease (FROI). (click link above) Employees must submit a written and signed First Report of Injury (FROI) within 12 months from the date of their accident or occupational disease. They can submit this form to you, EMPLOYERS or the Department of Labor and Industry.

Exempt Employments The most common employments that are exempt are: Sole proprietors, working members of a partnership, working members of a limited liability partnership and working members of a member-managed limited liability.

Montana Workers Compensation Statute of Limitations If you're hurt at work, you usually have 1 year from the date of the injury to file your claim, or 2 years if you weren't aware of the injury or suffered a latent injury.

A claim for workers' compensation benefits may be submitted by the employee, or by a personal representative if the employee is unable to submit the claim. Accident or injury claims must be submitted to the insurer within 12 months from the date of the accident.

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Montana Petition For Hearing (Occupational Disease)