Montana Workers' Compensation Settlement Calculator
Estimate Montana workers' comp — Max TTD/PTD Rate, 400-Week PPD Formula, Exclusive Remedy
Montana workers' compensation claims are governed by 39-71-701, MCA / 39-71-116, MCA (DLI FY27 Wage Order, eff. 7/1/26-6/30/27) (Max TTD/PTD Weekly Rate): 66 2/3% of gross wages at injury, capped at $1,192.00/week (state's average weekly wage) for injuries 7/1/2026-6/30/2027. Of the 3 landmark Montana workers' compensation awards documented on this page, the largest is $238K (Statutory maximum PPD award under 39-71-703, MCA (100% combined-factor rating × 400 weeks at the FY27 $596/week cap) — ceiling figure computed from the official DLI rate order, not a specific court case; 2026).
🏔️ MONTANA: Max TTD/PTD Rate | 400-Week PPD Formula | Exclusive Remedy
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Montana Workers' Compensation Law
Montana workers' compensation benefits is governed by 39-71-701, MCA / 39-71-116, MCA (Max TTD/PTD Weekly Rate): weekly benefits equal 66 2/3% of gross wages at the time of injury, capped at the state's average weekly wage (SAWW). For injuries occurring July 1, 2026 through June 30, 2027, the Department of Labor & Industry set the SAWW at $1,192.06 and adopted $1,192.00/week as the maximum rate for TTD, PTD, TPD, rehabilitation, and death benefits alike.
Waiting Period (39-71-736, MCA): compensation is not paid for the first 32 hours or 4 days of wage loss, whichever is less — benefits begin on the 5th day (or 33rd hour). If total disability continues for 21 days or longer, compensation is paid retroactively to the first day of wage loss.
PPD — 400-Week Impairment Formula (39-71-703, MCA): a worker with actual wage loss and an AMA Guides (6th ed.) impairment rating above zero receives a percentage — combining age (0-1%), education (0-1%), wage-loss (0-20%), and labor-capacity-reduction (0-5%) factors — multiplied by 400 weeks. The weekly rate is capped at half the SAWW: $596.00/week for injuries July 1, 2026 – June 30, 2027.
Key Montana Workers' Compensation Statutes
Montana workers' compensation benefits operates under these critical legal rules:
39-71-701, MCA / 39-71-116, MCA (DLI FY27 Wage Order, eff. 7/1/26-6/30/27)
Max TTD/PTD Weekly RateStandard: 66 2/3% of gross wages at injury, capped at $1,192.00/week (state's average weekly wage) for injuries 7/1/2026-6/30/2027
Scope: Same rate formula and cap applies to TTD, PTD, TPD, rehabilitation, and death benefits alike. The SAWW is surveyed and re-adopted by DLI every July 1; FY27 SAWW = $1,192.06, DLI-adopted rate = $1,192.00/week (~$61,984/year cap).
39-71-736, MCA
Waiting PeriodStandard: First 32 hours or 4 days of wage loss (whichever is less) unpaid — eligible starting the 33rd hour / 5th day
Scope: Medical and hospital benefits start immediately from the date of injury regardless of the waiting period. If total disability lasts 21 days or longer, wage-loss compensation is paid retroactively to the first day of loss (sick leave may be counted toward the waiting period, with repayment/waiver rules).
39-71-703, MCA
PPD — 400-Week Impairment FormulaStandard: Award % (age + education + wage-loss + labor-capacity factors, max 100%) × 400 weeks, at a weekly rate capped at $596.00 (half the SAWW, FY27)
Scope: UNLIKE simple body-part schedules — Montana combines four statutory factors: age (0% if ≤40 / 1% if >40), education (1% if <12 yrs / 0% if 12+ yrs), wage-loss (0% none / 10% if ≤$2/hr lost / 20% if more), and labor-capacity reduction (2-5% depending on duty-level shift, e.g. heavy-to-light). Requires actual wage loss AND an AMA Guides (6th ed.) impairment rating above zero.
39-71-702, MCA
PTD — Same Rate Until Retirement + COLAStandard: 66 2/3% of wages at injury, capped at the SAWW, for the duration of permanent total disability
Scope: Same rate/cap as TTD. Annual COLA begins after 104 weeks of PTD benefits, matching the year-over-year % increase in the SAWW each July 1. Weekly PTD benefits are reduced (not below zero) by roughly half of any federal Social Security disability payment received for the same disability.
39-71-411, MCA
Exclusive RemedyStandard: Workers' compensation is the exclusive remedy — a covered employer is not liable for a worker's death or injury outside the Act
Scope: Applies to all employments covered under Title 39, Chapter 71. The principal statutory carve-out is for uninsured employers (39-71-501 et seq., Part 5), who face different — including potential direct civil — liability. Third-party claims against non-employer defendants (equipment makers, subcontractors, other drivers) are preserved alongside the WC claim.
39-71-601, MCA / 39-71-603, MCA
Notice & Filing DeadlinesStandard: 30-day notice to employer/insurer; 12-month claim (FROI) filing deadline for injuries
Scope: The 30-day notice rule does not apply to occupational diseases (actual employer knowledge of the accident can also satisfy notice). A signed First Report of Injury must be filed within 12 months of a personal-injury accident, or within 1 year of when the claimant knew or should have known an occupational disease was work-related. An insurer may extend either deadline by up to 24 months for latent injury, lack of knowledge of disability, or equitable estoppel.
Recovery Structure
Medical treatment (doctor, hospital, prescription — but closed 60 months after the date of injury or occupational-disease diagnosis, with a 5-year window to petition DLI to reopen), lost wages at 66 2/3% of average weekly wage (AWW) up to the state max, permanent impairment awards via the 400-week PPD formula, vocational rehabilitation, and death/survivor benefits. No pain and suffering under WC (trade-off of exclusive remedy). The first 100 miles of monthly travel for treatment are excluded from reimbursement, and injured workers owe $25 for each ER visit after the first.
Key Montana Doctrines
PTD — Same Rate Until Retirement + COLA: permanent total disability pays the same 66 2/3%-of-wages rate as TTD (capped at the SAWW) for the duration of disability, with an annual cost-of-living adjustment after 104 weeks tied to SAWW growth, offset by up to roughly half of any Social Security disability payment. Exclusive Remedy: workers' compensation is the exclusive remedy against a properly insured employer — the employer 'is not subject to any liability whatever' for death or injury, except as provided for uninsured employers under Part 5. Third-party claims against non-employer defendants (equipment manufacturers, subcontractors, other drivers) are preserved.
Damage Structure + Caps
Max weekly rate (TTD/PTD/TPD/rehab/death): $1,192.00 (FY27). Max weekly PPD rate: $596.00 (FY27). Minimum weekly death benefit: $596.00, not to exceed the decedent's actual wages. PPD award duration cap: 400 weeks × impairment percentage (max 100%). Medical benefits close 60 months post-injury (reopenable within 5 years by DLI petition; exempt for prosthesis repair/replacement and permanently disabled workers).
Montana Workers' Compensation Verdicts + Averages
Montana claims mostly resolve administratively without court-filed dollar figures — one court-documented 2026 PTD rate plus worked statutory ceilings (marked as calculations, not cases):
| Amount | Year | Case / Injury |
|---|---|---|
| $36K | 2026 | Trogden v. Montana State Fund, 2026 MTWCC 1 — court-documented annual PTD benefit rate (tow-truck operator, right ankle/hip injury; State Fund-conceded permanent total disability, lump-sum conversion request denied) — Right ankle/hip injury (tow-truck operator); conceded permanent total disability |
| $238K | 2026 | Statutory maximum PPD award under 39-71-703, MCA (100% combined-factor rating × 400 weeks at the FY27 $596/week cap) — ceiling figure computed from the official DLI rate order, not a specific court case — Illustrative ceiling, not an individual case — 100% combined-factor PPD rating |
| $62K | 2026 | Statutory maximum example — one year of TTD/PTD at the FY27 cap (52 weeks x $1,192.00/wk = $61,984) — Illustrative ceiling for a year of total disability (39-71-701, MCA) — transparent calculation, not a reported case |
Montana Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Montana for 2026?
For injuries occurring July 1, 2026 through June 30, 2027, Montana's maximum weekly rate is $1,192.00 for TTD, PTD, TPD, rehabilitation, and death benefits (39-71-701, MCA; 39-71-116, MCA) — set at the state's average weekly wage (SAWW) of $1,192.06 as adopted by the Department of Labor & Industry. The maximum weekly rate for permanent partial disability (PPD) is lower: $596.00, half the SAWW. Your actual benefit is 66 2/3% of your gross wages at the time of injury, up to these caps.
How long do I have to report and file a Montana workers' comp claim?
You must notify your employer or its insurer within 30 days of the accident (39-71-603, MCA) — this notice requirement does not apply to occupational diseases. You must then submit a signed First Report of Injury (FROI) within 12 months of the accident (39-71-601, MCA), or within 1 year of when you knew or should have known your condition was work-related for an occupational disease. An insurer may extend these deadlines by up to 24 months in cases of latent injury, lack of knowledge of disability, or equitable estoppel.
Can I sue my employer in Montana in addition to workers' comp?
Generally NO — Montana's workers' compensation system is the 'exclusive remedy' against a properly insured employer (39-71-411, MCA); the statute states covered employers are 'not subject to any liability whatever' for a worker's death or injury. The main statutory exception is for uninsured employers (Part 5, 39-71-501 et seq.), who can face direct civil liability. Third-party claims against non-employer defendants — equipment manufacturers, subcontractors, other motorists — remain available alongside your WC claim.
How is a permanent partial disability (PPD) award calculated in Montana?
Montana uses a distinctive 400-week formula (39-71-703, MCA), not a simple body-part schedule. You need an actual wage loss plus an AMA Guides (6th edition) impairment rating above zero. The award percentage combines: age (0% if 40 or under, 1% if over 40), education (1% if under 12 years, 0% if 12+ years), wage-loss (0% none, 10% if $2/hour or less lost, 20% if more), and labor-capacity reduction (2-5% depending on the shift in physical duty level). That combined percentage (capped at 100%) is multiplied by 400 weeks, at a weekly rate capped at $596.00 (FY27, half the SAWW).
Does Montana workers' comp cover medical treatment for life?
No — this is one of Montana's more unusual rules. Medical benefits terminate 60 months (5 years) from the date of injury or occupational-disease diagnosis. You can petition the Department of Labor & Industry to reopen terminated medical benefits within 5 years of that termination. Exceptions: repair or replacement of a prosthesis, and workers found permanently totally disabled, are exempt from this closure and keep ongoing medical coverage.
Pending Montana Workers' Compensation Issues
Active legal developments (as of April 2026):
- FY27 rates ($1,192.00 TTD/PTD/TPD/rehab/death max; $596.00 PPD max and death-benefit minimum) apply only to injuries from July 1, 2026 through June 30, 2027 — DLI adopts a new SAWW-based rate every July 1; always confirm against the then-current erd.dli.mt.gov wage order before relying on these figures.
- Montana Workers' Compensation Court records rarely disclose exact lump-sum settlement dollar amounts for routine PPD/PTD claims — most claims resolve administratively without a court-filed figure; the two verdict figures above are the most fully documented 2024-2026 court records located, not a representative sample of typical payouts.
- Whether Montana recognizes a narrow common-law exception to exclusive remedy for intentional employer misconduct (beyond the statutory uninsured-employer carve-out in Part 5) is a case-law question not resolved by the statute's text alone and was not independently verified here.
- Montana's Subsequent Injury Fund for vocationally handicapped workers (Title 39, Ch. 71, Part 9) exists in statute, but its current funding status and benefit mechanics were not verified as of August 2026.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- erd.dli.mt.gov/_docs/work-comp-claims/claims-assistance/FY27-Average-Weekly-Wage.pdf
- erd.dli.mt.gov/_docs/work-comp-claims/claims-assistance/2026-Workers-Compensation-Benefits-Summary-Brochure.pdf
- mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0010/0390-0710-0070-0010.html
- mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0020/0390-0710-0070-0020.html
- mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0030/0390-0710-0070-0030.html
- mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0360/0390-0710-0070-0360.html
- mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0040/section_0110/0390-0710-0040-0110.html
- mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0060/section_0010/0390-0710-0060-0010.html
- mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0060/section_0030/0390-0710-0060-0030.html
- courts.mt.gov/external/wcc/t/Trogden_2026MTWCC1.pdf
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview