Get the compensation you deserve when injured on the job. Our team of experienced work injury attorneys provides Butte, Montana, with the aggressive defense needed to protect the interest of our clients.
Why Choose Everett Cook Law?
There is no reason that you should suffer in silence when we are on your side, helping to deliver the results you deserve. Depend on a Butte workers’ compensation attorney from Everett Cook Law to advocate on your behalf, helping you attain the money necessary to live off of while you’re injured. We provide support both out of the courtroom and in it, if necessary. Contact us today to schedule a consultation to begin the process of filing your claim.
What is Workers’ Compensation?
Workers compensation is insurance carried by employers to protect their employees in the event of injuries sustained in the workplace. Montana state’s Workers’ Compensation Act applies to all employers and requires them to have workers’ compensation coverage for their employees. However, the Workers’ Compensation Act does not apply under certain instances including household or domestic employment, casual employment, employment of sole proprietors, or employment of a commission-based real estate person.
When are Injuries Covered by Workers’ Compensation?
If your employer has workers’ compensation coverage and you have been injured on the job, you may be entitled to compensation for your injury.
It is important to note that some instances may not qualify for workers compensation, such as:
- An injury that occurs when an employee is on a paid or unpaid break and is not performing any specific tasks for the employer during the break
- An injury sustained while an employee is engaged in a social or recreational activity
However, an employee may be entitled to compensation for an injury sustained while engaged in a social or recreational activity if it occurred while the employee was on paid time while participating in the activity, or if participation in the activity was required by the employer.
Qualification for Workers’ Compensation in Montana
An employee who has suffered injury in the course of their employment must establish a successful claim to obtain compensation. The Workers’ Compensation Act requires injured employees to provide objective medical findings that prove it is more probable than not that their claimed injury occurred or aggravated a pre-existing condition. It is not enough to prove that the claimed injury is medically possible under the circumstances. A medical report is required to establish the occurrence of the injury.
An employee who suffers injury due to their consumption of unprescribed drugs or alcohol, may not qualify for workers’ compensation benefits. After a work accident, an employee may be required to take a drug test to eliminate the presumption that their drug or alcohol intake was the major contributing factor to the accident.
How Much Time Do You Have to File a Workers’ Compensation Claim?
Generally, the time for filing a personal injury claim in Montana is three years. For workers’ compensation claims, however, the time limit is 12 months from the date of the workplace accident. In certain circumstances, some injuries are not related to a particular accident and may be the accrued result of certain workplace conditions, Montana law allows for a waiver of the 12-month limit and provides up to an additional 24 months. This may occur under circumstances such as:
- The claimant did not have knowledge of the disability or injury
- The claimant suffered a latent injury.
Don’t delay filing your claim. If you’ve been injured, speak with an attorney as soon as you can. Not only does delaying filing risk missing the statute of limitations deadline, but evidence also deteriorates over time. Contact a Butte personal injury attorney from Everett Cook Law today to learn more about your options and how we can help.
Why Do You Need an Attorney for Worker’s Comp?
Any employer or company sets out with the goal of making money. Sadly, when someone is injured on the job, they often put their interests above the employees. That is where our Butte workers’ compensation lawyers come in, making sure that you get the legal defense you need when facing an employer who is unwilling to pay you the compensation you deserve. Call us today for help receiving compensation for the following cases:
Injuries Caused by Falling Objects
Accidents Involving Heavy Machinery
Work-Related Medical Illnesses
Job-Related Traffic Accidents Injuries
Contact us today to discuss your options for pursuing unpaid workers’ comp. We are proud to represent Butte, MT, and the surrounding area.
Contact A Butte Workers’ Compensation Lawyer Today
People who are injured at work need an advocate to help them conquer confusing processes and paperwork. Our Worker’s Compensation clients are hard-working people whose injuries range from simple to severe. Our Butte workers’ compensation attorney is dedicated to helping each hurt worker secure benefits to which they are entitled. Call Everett Cook Law today at (406)-563-5005 to set up a free consultation.