Accident-related injuries can force you out of work and create serious financial strain. Under Montana law, you have several legal and insurance-based pathways to recover lost wages. This article breaks down each option and links key statutes so you can understand your rights and next steps.
Detailed Answer
1. File a Personal Injury Claim Against the At-Fault Party
If another person’s negligence caused your accident, you can pursue a tort claim to recover economic damages, including past and future lost income. Montana measures economic damages to cover actual wage loss. See MCA 27-1-311 for the statute on measure of damages.
2. Pursue a Workers’ Compensation Claim
If you were injured on the job, Montana’s workers’ compensation system provides wage-replacement benefits while you recover. Benefits generally amount to two-thirds of your average weekly wage for temporary partial or total disability. For specific benefit rates and durations, refer to MCA 39-71-703.
3. Tap Short-Term or Long-Term Disability Insurance
Many employers offer short-term disability (STD) and long-term disability (LTD) plans. STD typically covers a portion of your salary for up to six months. LTD plans can extend benefits for several years or until retirement age, depending on your policy.
4. Apply for Social Security Disability Benefits
If your injuries meet the Social Security Administration’s strict definition of disability, you may qualify for SSDI benefits. These federal benefits can provide monthly income when you cannot perform any substantial gainful activity. Visit the SSA to apply: SSA.gov/disability.
5. Use Uninsured/Underinsured Motorist (UM/UIM) Coverage
If an at-fault driver lacks adequate liability coverage, your own UM/UIM auto policy may cover wage loss. Review your auto policy declarations and file a UM/UIM claim with your insurer if needed.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney to discuss your specific situation and to protect your rights.
Helpful Hints
- Gather pay stubs, tax returns and employer statements to document lost earnings precisely.
- Keep detailed medical records and a recovery timeline to support your claim for future wage loss.
- Notify your insurer and any at-fault party promptly to preserve your right to benefits.
- Watch the filing deadlines: personal injury claims in Montana generally must be filed within three years of the accident (MCA 27-2-204).
- Consider consulting an attorney early to help negotiate with insurers and gather key evidence.