Claims Kit

Posting Requirements 39-71-401  (6)

Each employer must post a sign in the workplace at the locations where notices to employees are normally posted, informing employees about the employer's current provision of workers' compensation insurance. A workplace is any location where an employee performs any work-related act in the course of employment, regardless of whether the location is temporary or permanent, and includes the place of business or property of a third person while the employer has access to or control over the place of business or property. The sign must be provided by the department, distributed through insurers or directly by the department, and posted by employers in accordance with rules adopted by the department. An employer who purposely or knowingly fails to post a sign as provided in this subsection is subject to a $50 fine for each citation.

Penalties for Late Reporting 39-71-307 (3)

An employer or insurer who refuses or neglects to submit the reports necessary for the proper filing and review of a claim, will be assessed a penalty between $200 and $500 dollars for each offense.

Physician Selection 39-71-1101 

The employee may choose the treating physician for initial treatment. However, any time after acceptance of liability by an insurer, the insurer may designate a different treating physician, or approve the employees choice of the treating physician. The treating physician is responsible for the management and coordination of the medical care and must treat the employee within the recommendations of the Montana Utilization and Treatment Guidelines. 

Reporting of Claim by Employer 39-71-307, Rule 24.29.801

An employer must submit to the workers' compensation insurer or, if self-insured, to the department, the First Report of  Injury or Occupational Disease DLI-ERD_WCC040/ERD-991 within 6 days after notice of an accident, injury or occupational disease.