Understanding Lost Wage Recovery After an Accident in Montana
When an accident-related injury prevents you from working, you may face significant financial strain. Under Montana law, several legal avenues can help you recoup lost wages. This guide explains each option and links to relevant Montana statutes.
1. Workers’ Compensation Benefits
If your injury occurs on the job, you likely qualify for workers’ compensation. Temporary Total Disability (TTD) benefits pay two-thirds of your average weekly wage up to a statutory cap. You receive payments until you return to work or reach maximum medical improvement.
• Montana Code Annotated § 39-71-704: Temporary Total Disability Benefit
https://leg.mt.gov/bills/mca/39/71/39-71-704.htm
• Montana Code Annotated § 39-71-701: Definitions (average weekly wage)
https://leg.mt.gov/bills/mca/39/71/39-71-701.htm
2. Personal Injury Claims Against Third Parties
If another party’s negligence caused your accident—such as a careless driver—you can file a personal injury lawsuit. In Montana tort law, you may recover:
- Past and future lost wages
- Medical expenses
- Pain and suffering
While no single statute sets forth lost-wage recovery, Montana courts follow general tort principles permitting compensation for actual economic loss. Seek documentation of your pre-accident earnings and medical records to support your claim.
3. Uninsured/Underinsured Motorist (UM/UIM) Coverage
If you were injured in a car wreck and the at-fault driver lacks sufficient insurance, your own UM/UIM policy may cover lost wages. Montana law permits you to purchase this optional coverage:
• Montana Code Annotated § 61-6-303: Uninsured Motorist Coverage
https://leg.mt.gov/bills/mca/61/6/61-6-303.htm
Most policies cap wage benefits at a weekly amount (commonly $300) and may limit the number of weeks covered. Review your declarations page for specifics.
4. Disability Insurance Benefits
If you carry short-term or long-term disability insurance through your employer or a private insurer, you may qualify for wage replacement. Benefit amounts and waiting periods vary by policy. To pursue this option:
- Submit a claim to your insurer promptly after your injury.
- Provide medical documentation of your inability to work.
- Comply with policy deadlines for appeals if your claim is denied.
5. Social Security Disability Insurance (SSDI)
If your injury prevents substantial gainful activity for at least 12 months (or is expected to), you can apply for SSDI through the Social Security Administration. The application process can take several months, and eligibility hinges on your work history and medical evidence.
• Social Security Administration – Disability Benefits
https://www.ssa.gov/disability/
Helpful Hints
- Document everything: keep pay stubs, medical reports, and accident records.
- Notify insurers and employers in writing as soon as possible after your injury.
- Track all communications with insurers, case numbers, and claim deadlines.
- Consult a Montana attorney who handles personal injury or workers’ compensation claims.
- Consider alternative dispute resolution (mediation) to resolve claims faster.
Disclaimer: This article provides general information and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney in Montana.