Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When an on-the-job injury forces you off work in Montana, you may qualify for workers’ compensation wage‐loss benefits. If you hold multiple jobs, Montana law requires insurers to consider earnings from all covered employment when calculating your average weekly wage (AWW). Key steps follow:
1. Report the Injury Promptly
Notify each employer in writing as soon as possible. Under Mont. Code Ann. § 39-71-603, you must report the injury within 30 days to preserve your claim. Provide date, time, and details for each job where you were injured.
2. File a Claim for Each Employer
Submit Form WC-14 (First Report of Injury) to the Department of Labor & Industry and to each employer’s insurer. The department will assign your claim a number. Each insurer must evaluate wage information from all jobs you held during the 52 weeks before your injury.
3. Calculating Your Average Weekly Wage
Mont. Code Ann. § 39-71-701 governs how to compute AWW. The insurer totals gross earnings from all covered jobs over the 52 weeks preceding the injury date, then divides by 52. If you worked less than a year, divide total earnings by the actual number of weeks worked. This approach ensures your benefit reflects combined wages:
- Gross earnings from Job A + Job B + Job C
- ÷ 52 weeks (or actual weeks worked if < 52)
Example: You earned $15,000 at Job A and $7,800 at Job B over the past year. Combined earnings of $22,800 ÷ 52 = AWW of $438.46.
4. Indemnity Benefit Rate
Once the insurer sets your AWW, they apply the benefit rate under Mont. Code Ann. § 39-71-703. Typically, the rate equals two-thirds of your AWW, subject to minimum and maximum limits. Continuing our example, 2/3 of $438.46 equals $292.31 per week.
5. Submit Wage Documentation
Provide pay stubs, W-2s, bank statements, or tax returns showing earnings from each job. Accurate records help insurers avoid delays or underpayments.
6. Monitor and Appeal if Needed
If the insurer miscalculates your AWW or denies coverage for certain wages, you can request a contested case hearing with the Montana Department of Labor & Industry. Act quickly—appeals must occur within 60 days of a denial notice.
Helpful Hints
- Keep a running log of hours and earnings for each job, updated weekly.
- Send all notifications via certified mail to track deadlines.
- Photocopy all forms and medical reports before submission.
- Consult the Department of Labor & Industry’s workers’ compensation web page for forms and FAQs: https://dli.mt.gov/workers-compensation.
- Seek help from a claims advisor if you juggle more than two jobs or have complex income streams.
- Review Mont. Code Ann. § 39-71-701 and § 39-71-703 for detailed legal text: https://leg.mt.gov/bills/mca/title_0390/chapter_0710/part_0070.
- File appeals on time—missing a deadline can forfeit your right to benefits.