Construction Worker Injured in Montana?
Last updated: 2026 · Verified against Montana DWC regulations
Reviewed by: James R. Holloway, Esq.
Workers' Compensation Attorney · CA Bar #248701 · 14 yrs exp.
Last reviewed: January 2026 · Verified against state DWC regulations
Find out what your knee injury claim is worth. Montana workers typically receive $6,000–$50,000. Free, no-obligation assessment.
$6,000
Avg low
$50,000
Avg high
2 years
Deadline
Pre-filled for your situation — just add your wage & impairment info.
Tell us about your work
Your estimated weekly TTD benefit: $533/week
67%
of avg weekly wage (TTD)
$870
max weekly benefit
25%
typical attorney fee
2
filing deadline
Montana Workers' Comp Law — Key Facts
Governing statute: MCA § 39-71-101 et seq.
TTD rate: 67% of average weekly wage
Maximum weekly benefit: $870
Statute of limitations: 2 years from injury
Filing deadline: Report to employer within 30 days
Key features of Montana's system:
- ✓ Montana State Fund is the dominant carrier (state-created insurer)
- ✓ Pre-litigation mediation required for most disputes
- ✓ Vocational rehabilitation benefits available
Montana's Department of Labor and Industry administers workers' compensation through the Employment Relations Division. Montana offers both a state fund (Montana State Fund) and private insurer options. Montana uses AMA Guides for impairment ratings and provides a 66.67% TTD rate. The state has a mediation program for dispute resolution before formal litigation.
What to Expect with Knee Injury in Montana
12%
Average impairment rating
$25,000
Average medical costs
Knee injuries rank among the most common occupational injuries for workers who kneel, squat, climb, or operate heavy equipment. The most prevalent diagnoses are ACL tears, meniscus tears, and patellofemoral syndrome. Most states treat the knee as a "scheduled" body part — meaning your permanent disability benefit is calculated based on a fixed number of weeks tied to impairment rating, regardless of wage loss. New York allows up to 288 weeks and New Jersey up to 315 weeks for total knee loss. Arthroscopic surgery is routine for meniscus repairs, while ACL reconstruction requires months of rehabilitation and often results in accelerated arthritis, which itself qualifies as an ongoing compensable condition in many states.
Common treatments
- ✓ RICE protocol (Rest, Ice, Compression, Elevation)
- ✓ Arthroscopic surgery (meniscectomy or repair)
- ✓ ACL reconstruction
- ✓ Physical therapy and bracing
- ✓ Cortisone or hyaluronic acid injections
- ✓ Total knee replacement (severe cases)
Documentation needed
- ✓ MRI confirming structural damage
- ✓ Orthopedic surgeon operative report
- ✓ Pre-injury employment records showing physical duties
- ✓ Incident or accident report
- ✓ Post-surgical PT records
- ✓ Impairment rating report
Frequently asked questions
How is knee injury compensation calculated in Montana?
In Montana, your weekly benefit is 67% of your average weekly wage, capped at $870. Permanent disability is calculated based on your impairment rating.
What is the average knee injury settlement in Montana?
Montana workers with knee injury typically settle between $6,000 and $50,000, depending on impairment rating, treatment costs, and lost wages.
How long do I have to file a workers' comp claim in Montana?
2 years from injury. Missing this deadline can permanently bar your claim. Contact a workers' comp attorney as soon as possible.
Do I need a lawyer for a workers' comp claim in Montana?
You are not required to have an attorney, but representation significantly increases average settlement amounts. Most workers' comp attorneys work on contingency — no fee unless you win. Typical fees are 25% of settlement.
Other Montana Workers' Comp Claims
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This calculator provides estimates for informational purposes only. Actual compensation depends on the specific facts of your case, your state's workers' compensation laws, and the outcome of any proceedings. Always consult a licensed workers' compensation attorney in your state.