Mining 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 burn 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 Burn Injury in Montana
20%
Average impairment rating
$55,000
Average medical costs
Workplace burn injuries range from minor contact burns (first-degree) to catastrophic full-thickness burns covering large body surface areas. Burns are classified by depth (first through fourth degree) and surface area using the "rule of nines." Even moderate second-degree burns covering 10–15% of body surface area require hospitalization, surgical debridement, and skin grafting. Burn victims in industrial settings (chemical plant explosions, electrical arc flash, foundry operations) often suffer inhalation injury simultaneously, which is a life-threatening complication. Scar formation and contractures after significant burns frequently lead to permanent functional limitations, cosmetic disfigurement claims, and the need for reconstructive surgery over many years. These factors substantially increase claim value.
Common treatments
- ✓ Fluid resuscitation and wound care in a burn center
- ✓ Surgical debridement and skin grafting
- ✓ Negative pressure wound therapy (VAC)
- ✓ Physical therapy for contracture prevention
- ✓ Reconstructive and plastic surgery
- ✓ Compression garments and scar management
Documentation needed
- ✓ Burn center admission and treatment records
- ✓ Percentage of total body surface area (TBSA) burned
- ✓ Incident report and fire investigation report
- ✓ OSHA 300 log entry
- ✓ Photographs of the burn site and injuries
- ✓ Long-term care plan including future reconstructive surgeries
Frequently asked questions
How is burn 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 burn injury settlement in Montana?
Montana workers with burn 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.
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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.