Detailed Answer
When you file a lost wage claim in Montana under the Workers’ Compensation Act (MCA 39-71), you must identify your employer by its exact legal name. Many businesses operate under a trade name (“d/b/a”) that differs from the name they registered with the state. Listing the wrong name can delay processing, cause confusion, or even lead to a denial of benefits. Follow these steps to ensure your claim uses the correct employer name.
1. Distinguish between the legal name and the d/b/a
The legal name is the formal name under which your employer is registered with the Montana Secretary of State. A “d/b/a” (doing business as) is simply a trade name the company uses publicly. Businesses must register any assumed name under MCA 35-1-202 (Assumed business names).
2. Verify the legal name
Go to the Montana Secretary of State’s Business Search at https://sosmt.gov/business/. Enter the d/b/a you know. The search results will show the corporation or LLC’s legal name along with any registered trade names.
3. Complete your claim form with precision
When filling out Form 1 (Notice of Injury) or Form 2 (Claim for Compensation) for lost wages, enter the exact legal name as shown in the Secretary of State’s records. If you wish, you can add the d/b/a in parentheses immediately afterward. For example: ABC Holdings LLC (d/b/a ABC Roofing).
4. Attach supporting documentation
Include a printout from the Business Search or a copy of the d/b/a registration to demonstrate the connection between the trade name and the legal entity. This helps the Workers’ Compensation Court or insurer confirm the employer’s identity quickly.
5. Amend errors promptly
If you discover a naming error after submitting your claim, file an amendment or correction right away. Send a written notice to both the Workers’ Compensation Court and the insurer, reference your claim number, describe the discrepancy, and attach proof of the correct legal name.
Statutory References
- MCA 35-1-202: Assumed business names – https://leg.mt.gov/bills/mca/title_0350/chapter_0010/part_0020/section_0020/
- MCA 39-71-703: Lost wage benefits – https://leg.mt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0030/
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Ask your HR department for corporate documents or official letterhead showing the legal name.
- Save and organize all forms, attachments, and correspondence related to your claim.
- Use the Workers’ Compensation Court website (https://wcc.dli.mt.gov/) to download current claim forms.
- Send amendments or corrections via certified mail to establish a clear timeline.
- If you have questions about the process, consider speaking with an attorney experienced in Montana workers’ compensation law.