If you’ve been injured at work in Montana, it’s essential to understand how long your benefits under the Montana Workers’ Compensation Act may last. At Miller Tourtlotte Law, PLLC, we help injured workers navigate this process. This article explains the duration of key types of benefits you may receive under Montana law, what the statutes say, and when you may need an attorney to protect your rights.
Types of Workers’ Compensation Benefits Under Montana Law
Under Montana law, if you are injured on the job (or suffer an occupational disease), the workers’ compensation system may provide several types of benefits. These include:
- Medical benefits for care related to your work injury or occupational disease under MCA § 39-71-704.
- Wage-loss benefits for time you cannot work, or for wage reduction when working in a restricted capacity, under statutes such as MCA § 39-71-701 (temporary total disability) and § 39-71-703 (permanent partial disability).
- Permanent disability benefits, if your injury leaves you with a lasting impairment preventing you from returning to previous work or any work — under MCA § 39-71-702 (permanent total disability) or § 39-71-703 (permanent partial disability).
Each of these categories has its own rules for how long benefits last or under what conditions they stop.
Duration of Medical Benefits
One of the most important questions for injured workers is: how long will my medical care be paid under workers’ comp?
Under MCA § 39-71-704(1)(f)(i), the statute provides that the benefits described in that section (medical, hospital and related services) “terminate 60 months from the date of injury or diagnosis of an occupational disease.” This is a five-year limit from date of injury/diagnosis for most claims.
However, the statute then provides in § 39-71-704(1)(f)(ii) that this 60-month termination does not apply to a worker who is permanently totally disabled as a result of a compensable injury or occupational disease, or to the repair or replacement of a prosthesis furnished as a direct result of a compensable injury or occupational disease.
In addition, Montana’s rules recognize that if you have a compensable injury with a date of injury on or after July 1, 2011, the 60-month rule applies, but there remains a procedure to request reopening of medical benefits under MCA § 39-71-717. The State’s Employment Relations Division guidance confirms the 60-month closure rule and the reopening process.
In plain terms: unless you fall under one of the statutory exceptions (such as permanent total disability or prosthesis repair/replacement), medical benefits are generally available for up to five years from the date of injury or diagnosis.
Duration of Wage-Loss and Disability Benefits
Medical benefits are time-limited unless exceptions apply, but what about wage-loss and disability benefits? The key statutes provide:
- Under MCA § 39-71-701 (Compensation for Temporary Total Disability), a worker is eligible for temporary total disability (TTD) benefits “when the worker suffers a total loss of wages … and until the worker reaches maximum healing; or until the worker has been released to return to the employment in which the worker was engaged at the time of injury or to employment with similar physical requirements.” Thus, TTD benefits continue so long as you are totally disabled from wages, subject to the insurer’s termination when you are released to equivalent employment.
- Under MCA § 39-71-702 (Compensation for Permanent Total Disability), if a worker is permanently totally disabled (as defined in MCA § 39-71-116) then the worker is eligible for permanent total disability benefits and “must be paid for the duration of the worker’s permanent total disability, subject to § 39-71-710.” Thus, the law provides for lifetime-type benefits (or until the disability ends) in the PTD scenario.
- Under MCA § 39-71-703 (Compensation for Permanent Partial Disability), when you have a permanent partial disability (PPD), the statute sets out how the award is calculated; however, it does not explicitly say it ends after a fixed number of years in the same way as the medical-benefit 60-month rule.
In summary: if your injury leaves you totally disabled permanently, you may receive benefits indefinitely (under the PTD statute). If you are temporarily totally disabled, the benefits last until you either recover or are released back to work. If you have a permanent partial disability, then an award may be paid according to the statute’s formula and your case may convert into that status.
What the Five-Year “Clock” Means For You
If you’ve been injured at work in Montana and your claim is accepted:
- You should expect that your medical treatment relating to the injury will be covered for up to five years (60 months) from the date of injury or diagnosis, unless you meet one of the exceptions under § 39-71-704(1)(f)(ii).
- Your wage-loss benefits (TTD or TPD) will continue as long as you are eligible under their respective statutes — which may be a much longer period depending on the severity and permanency of your injury.
- If your injury causes a permanent impairment, you may be eligible for permanent disability benefits, which may last far longer — potentially until retirement age or for life, depending on your condition.
- Because your benefits may be time-limited (especially medical benefits) or subject to conversion to a different benefit status, it is critical to track the date of injury/diagnosis and monitor the five-year “clock”.
You must also be aware of the importance of knowing when your benefits were terminated or reduced, so you can timely pursue any reopening petition (for example under § 39-71-717 for medical benefits) if your condition worsens or requires further treatment.
Important Deadlines and Notices to Keep in Mind
Several other rules may affect your benefits:
- Under MCA § 39-71-603, you must notify your employer of an injury within 30 days (in most cases) to preserve your rights.
- Under MCA § 39-71-601, you may face a statute of limitation for claims for benefits (subject to exceptions).
- Under MCA § 39-71-736 and related sections, the payment start date for benefits is governed.
- If your TTD benefits are terminated once you’ve been released to return to work (per recent legislative changes proposed under HB 197 and SB 308), a legal review may be required to determine how those changes affect your case.
Failing to meet these requirements or missing a deadline can jeopardize your rights to benefits.
Why You Should Consider Hiring a Lawyer
Navigating the system under Montana’s Workers’ Compensation Act can be complex. The insurer may dispute whether your injury is compensable, whether you have returned to work, whether your condition is permanent, or when benefits should stop. Because timing matters — especially the five-year medical-benefit limit and the conversion to permanent disability — having experienced legal help can make a difference. A lawyer can:
- Ensure your claim was filed correctly and timely.
- Help you make sure you get all the benefits owed under Montana law as you recover and return to work or transition to disability.
- Monitor the five-year medical benefit deadline and advise on reopening of medical benefits under § 39-71-717 if treatment is needed beyond the standard term.
- Assist you if your benefits are denied or terminated, or if you question the insurer’s determination of medical stability, release to work, or classification of disability.
Since Montana law is specific and nuanced, consulting a lawyer familiar with the state’s statutes and case decisions can help protect your rights and peace of mind.
Workers’ Compensation Lawyers in Montana
If you were injured at work in Montana, you may be wondering exactly how long your benefits will last — and what you should do now to preserve them. The key takeaway is: medical benefits are typically available up to five years, wage-loss/disability benefits may last longer depending on your condition, and timing is critical. Don’t wait until treatment ends or benefits stop to ask questions.
You don’t have to navigate this complex system alone. The law firm of Miller Tourtlotte Law, PLLC is experienced in Montana workers’ compensation claims and is ready to help you understand and protect your legal rights. Contact a workers’ compensation attorney at Miller Tourtlotte Law, PLLC by calling (406) 888-2222 or contacting us online for a free consultation regarding your legal rights and options.
