How much is a back injury worth in Montana workers' comp?
How Montana workers' compensation pays for a back injury, the 2026 benefit rates, and what to check before you accept a settlement.
How a back injury is paid in Montana
Rated as whole-person impairment (AMA Guides); extra percentages added only if there is actual wage loss.
General rule for permanent injuries in Montana: (Whole-person impairment % + age 0-1% + education 0-1% + wage loss 0/10/20% + labor restriction %) × 400 weeks at the PPD rate.
What is different in Montana
A worker with a Class 2 or higher impairment but no actual wage loss gets an impairment-only award; the age, education, wage-loss and labor-restriction add-ons apply only when there is actual wage loss.
Settlement value vs. the statutory award
The figures on this page are what Montana law sets. Many claims end in a negotiated settlement instead. Insurers usually start from the statutory award for your rating, then adjust for disputed ratings, future medical care, how long wage-loss benefits could run and the risk of a hearing. Knowing the statutory number for a back injury helps you judge whether an offer is low.
Montana vs. neighboring states
| State | How a back injury is paid | Max for total loss |
|---|---|---|
| Montana | wage loss | — |
| Idaho | whole-person % × 500 weeks | — |
| North Dakota | impairment rating (see rule) | — |
| South Dakota | whole-person % × 312 weeks | — |
| Wyoming | impairment rating (see rule) | — |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in Montana
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 66.67% of gross wages at time of injury |
|---|---|
| Maximum weekly benefit | $1,137 (FY26: 2025-07-01 to 2026-06-30) |
| Minimum weekly benefit | No statutory minimum found |
| Waiting period | 4 days |
| Waiting days paid back after | 21 days of disability |
| Time limit on temporary benefits | No fixed week limit in statute |
Estimate your weekly check
Frequently asked questions
How is a back injury paid in Montana workers' comp?
Rated as whole-person impairment (AMA Guides); extra percentages added only if there is actual wage loss.
What is the maximum weekly workers' comp benefit in Montana in 2026?
The maximum weekly temporary total disability benefit is $1,137 (FY26: 2025-07-01 to 2026-06-30).
Is there a waiting period in Montana?
Yes. Montana does not pay the first 4 days of lost time, but pays them back once disability lasts more than 21 days.
Which law sets these amounts?
Mont. Code Ann. 39-71-701, 39-71-703, 39-71-736. The official sources are linked at the bottom of this page.
Other injuries in Montana
Law and official sources
Official sources
Statute: Mont. Code Ann. 39-71-701, 39-71-703, 39-71-736; Mont. Code Ann. §§ 39-71-703, 39-71-711
- Montana Department of Labor & Industry, Employment Standards Division (official site)
- erd.dli.mt.gov/_docs/FY26_Final_Average_Weekly_Wage.pdf
- erd.dli.mt.gov/_docs/work-comp-claims/claims-assistance/2025_Benefit_Brochure.pdf
- erd.dli.mt.gov/_docs/work-comp-claims/claims-assistance/Compensation-Rates-07012024.pdf
- law.justia.com/codes/montana/title-39/chapter-71/part-7/section-39-71-703/
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the Montana workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.