Fighting for the Compensation Montanans Deserve – No Fee Unless You Win.
Understanding Workers’ Compensation Cases in Montana
Workers’ compensation provides benefits to employees injured on the job—no need to prove employer fault. But insurers often deny, delay, or reduce valid claims. At McKeon Law, we help injured workers navigate the system and fight for the full benefits they’re owed.
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Workers Comp Eligibility
If you are unsure whether you qualify for workers’ compensation benefits, contact a workers’ compensation lawyer to review your case. In Montana, you don’t need to prove your employer was at fault, but navigating the system can still be challenging. A lawyer can help you understand your rights, avoid common pitfalls, and push back if your claim is denied, delayed, or underpaid.
Who is Eligible?
Most employees in Montana are covered under the workers’ compensation system, including:
Who is Not Eligible?
However, some types of workers may not be covered, including:
Workers Compensation Claims
Workplace injuries can happen in many ways—from falls and machinery accidents to repetitive stress and occupational illnesses. In Montana, workers’ compensation provides benefits to most employees hurt on the job, but the claim process can be complex and time-sensitive. Below, you’ll find common types of workers’ compensation claims along with important Montana laws that affect how and when you can file for benefits.
Common Workers Compensation Claim Examples
Scenario: A construction worker is installing roofing materials when they slip and fall from a scaffold, breaking their leg and sustaining a back injury.
Claim Outcome: The worker files for workers’ compensation, which covers their medical expenses, physical therapy, and a portion of lost wages while they recover.
Scenario: A data entry clerk at a corporate office develops carpal tunnel syndrome due to years of repetitive typing and improper workstation ergonomics. They begin experiencing numbness and pain in their hands, making it difficult to work.
Claim Outcome: The worker is eligible for medical treatment, physical therapy, and wage replacement benefits while undergoing treatment.
Scenario: A factory worker is exposed to toxic chemicals due to a ventilation system failure. Over time, they develop respiratory issues and skin irritation.
Claim Outcome: The worker files a claim for occupational illness, receives compensation for their medical bills, and is reassigned to a safer work environment.
Scenario: A warehouse employee is operating a forklift when another worker unexpectedly steps into their path, causing a collision that results in a fractured wrist and bruised ribs.
Claim Outcome: The worker receives medical care, temporary disability payments, and job retraining if unable to resume their original duties.
Scenario: A restaurant cook slips on a freshly mopped floor without a warning sign and falls, injuring their hip. They require surgery and rehabilitation.
Claim Outcome: The employer’s workers’ compensation insurance covers hospital bills, ongoing treatment, and partial wage replacement during recovery.
Scenario: A warehouse worker repeatedly lifts heavy boxes over several years without proper safety training. They develop chronic back pain and herniated discs.
Claim Outcome: The claim is approved for medical treatment, physical therapy, and work restrictions to prevent further injury.
Scenario: A factory worker operating industrial machinery accidentally comes into contact with a hot surface, sustaining second-degree burns.
Claim Outcome: The worker receives medical care, compensation for lost wages, and possible permanent disability benefits if the burns cause long-term impairment.
Scenario: A delivery driver is involved in a car accident while making work-related deliveries. They suffer a broken arm and whiplash.
Claim Outcome: Workers’ compensation covers medical expenses, lost wages, and physical therapy. If another driver was at fault, the worker may also have a third-party personal injury claim.
Scenario: A construction worker tragically dies after a scaffolding collapse. Their surviving spouse and children seek financial support.
Claim Outcome: The family receives death benefits, including funeral expenses and ongoing financial support under Montana’s workers’ compensation system.
Montana-Specific Workers’ Compensation Laws
Montana law requires that workers’ compensation claims be filed within strict deadlines:
Workplace injuries: Must be reported within 30 days.
Occupational diseases: Claims must be filed within one year of learning the condition was work-related.
No fault system: Montana follows a no-fault system, meaning injured workers do not need to prove employer negligence to qualify for benefits.
What to Expect When Filing a Personal Injury Claim
What Compensation Can Be Recovered?
If you have suffered an injury on the job, you may be entitled to various types of compensation:
- Medical Expenses – Covers doctor visits, hospital stays, surgery, and rehabilitation.
- Lost Wages – Usually two-thirds of your average weekly wage while you are unable to work.
- Disability Benefits – Temporary or permanent payments if you have lasting impairments.
- Job Retraining – If your injury prevents you from returning to your previous role, you may qualify for vocational rehabilitation.
Why Work With McKeon Law?
Advocating for Injured Workers Across Montana
When you’re injured on the job, you expect workers’ compensation to cover your medical expenses, lost wages, and rehabilitation costs. Unfortunately, many injured workers find themselves facing delays, denials, or unfair settlements from insurance companies and employers.
At McKeon Law, we focus on helping injured workers get the benefits they deserve. Whether your claim has been wrongfully denied, your benefits have been cut off too soon, or you simply need help navigating the complex claims process, we are here to fight for you.
Michael McKeon, Personal Injury Attorney
Michael McKeon, Personal Injury Attorney
Born and raised in Butte, Michael McKeon is a fifth-generation Montanan who has dedicated his legal career to standing up for those injured through no fault of their own. After graduating from the University of Montana School of Law, he returned home to build a practice rooted in trust, integrity, and personal service.
Michael represents clients in personal injury cases, workplace accidents, and insurance disputes—ensuring they’re not alone when facing powerful companies and legal teams. His hands-on approach means clients work directly with him, not passed off to staff, and every case receives the attention it deserves.
Known for his commitment to justice and community, Michael strives to restore dignity to those navigating life after an injury—and to secure the compensation they need to move forward.
Outside the office, he enjoys a fulfilling life with his wife Teresa and their dog, Harley. They value time together exploring new places through travel and appreciating all that Montana has to offer. His time away from work provides balance and perspective, reinforcing the dedication and focus he brings to each client’s case.
Credentials:
- Licensed in Montana and U.S. District Courts of Montana
- Board Member, Montana Trial Lawyers Association
- Member, State Bar of Montana & National Trial Lawyers Association
- Recognized as Top 40 Under 40 & Top 100 Trial Lawyer (NTLA)
- Voted Best Attorney in Butte-Silver Bow (2023)
Camy Allen, Paralegal & Office Manager
Camy Allen, Paralegal & Office Manager
Camy has been a practicing paralegal for over 35 years and has been an integral part of McKeon Law for nearly 30 years as both office manager and paralegal.
Camy and Russ have two adult children, Scout and Saylor, two dogs, Finn and Obie, and two cats, Ellie and Remy.
Workers’ compensation is supposed to be a no-fault system, but that doesn’t mean getting benefits is easy. Many injured employees struggle with confusing paperwork, insurance company tactics, and legal loopholes that are designed to save employers money at the expense of workers.
- We Guide You Through the Process – From filing a claim to appealing a denial, we make sure your case is handled correctly and efficiently.
- We Keep Employers and Insurers Accountable – If your employer disputes your injury, refuses to file your claim, or pressures you to return to work too soon, we push back.
- We Fight for Maximum Benefits – Insurance companies often undervalue claims, but we ensure you receive full wage replacement, medical treatment, and disability benefits.
Challenging Wrongful Claim Denials
Many workers are shocked to learn that their legitimate claims are denied, delayed, or reduced. Insurance companies and employers often claim:
- Your injury wasn’t work-related
- You missed the deadline to file a claim
- You had a pre-existing condition
- You’re able to return to work when you’re not medically ready
If your workers’ compensation claim was denied, don’t assume you’re out of options. At McKeon Law, we know how to challenge denials, gather medical evidence, and fight for the benefits you are owed.
No Win, No Fee Commitment
We understand that being out of work puts financial stress on you and your family. That’s why we handle workers’ compensation cases on a contingency fee basis, meaning:
- You pay nothing upfront
- We cover all legal expenses
- You only pay if we secure benefits for you
If your claim was denied, delayed, or underpaid, don’t wait—we can help.
Montana-Based Representation
As a fifth-generation Montanan, I know the importance of hard work and fair treatment. Our workers keep Montana’s economy moving, and when they get hurt, they deserve strong legal advocates who will stand up for them.
- We know the Montana workers’ comp system inside and out – We understand the laws, judges, and insurance company tactics.
- We care about Montana workers and their families – We fight to ensure you get the benefits you’ve earned.
Answers to Your Workers’ Compensation Questions
Got questions about your case? Get clear, expert answers from a trusted Montana injury lawyer.
Workers’ compensation is a no-fault insurance program that provides benefits to employees who suffer work-related injuries or illnesses. It covers medical expenses, lost wages, and disability payments. In Montana, most employers must carry workers’ compensation insurance, and it serves as the exclusive remedy for injured workers, meaning they usually cannot sue their employer.
Most employees in Montana are eligible for workers’ compensation, including full-time and part-time workers. However, independent contractors, certain agricultural workers, and employees who intentionally cause their injuries may not be eligible.
Workers’ comp covers both injuries and occupational illnesses that occur due to work-related activities, including:
- Falls, slips, and trips
- Injuries from heavy machinery or tools
- Repetitive stress injuries (e.g., carpal tunnel syndrome)
- Work-related illnesses (e.g., lung disease from chemical exposure)
However, pain and suffering are not covered under workers’ compensation.
- Injuries: Must be reported within 30 days of the accident.
- Occupational illnesses: Must be reported within one year from when you discovered the illness was work-related.
Failure to report within these time frames could result in a denied claim.
Yes, initially, you have the right to choose your treating physician. However, if your claim is approved, the workers’ comp insurer may require you to see a doctor within their network.
Workers’ compensation in Montana covers:
- Medical expenses (hospital visits, medications, rehabilitation)
- Lost wages (partial income replacement)
- Disability payments (temporary or permanent, partial or total)
- Death benefits (to dependents of a deceased worker)
Workers’ comp does not cover pain and suffering.
If your claim is denied, you have the right to appeal. Steps to take include:
- Review the denial letter to understand why the claim was rejected.
- Gather additional evidence (medical records, witness statements).
- Consult a workers’ compensation attorney to help with the appeal.
An Independent Medical Examination (IME) is a medical evaluation performed by a doctor chosen by the insurance company to assess your condition. You are required to attend an IME if the insurer requests it. However, these exams are often biased toward the insurance company, and an adverse IME can result in reduced or denied benefits.
No, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. If you are fired or mistreated after filing a claim, you may have grounds for a wrongful termination lawsuit.
A workers’ compensation attorney can:
- Help file your claim properly
- Assist in appealing a denied claim
- Protect you from unfair employer retaliation
- Ensure you receive the maximum benefits available