Compensable workers' comp injuries do not require proof of wrongdoing. A worker injured on the job is entitled to medical benefits (and, more than likely, cash benefits) for injuries regardless of whose fault the injury is.
Under Montana workers compensation law, an employer is liable for an injury that is an aggravation of a preexisting injury or condition. If your on-the-job injury aggravates an old problem, the "old problem" can be reconsidered. This provides protection for workers who have a vulnerable body part or condition.
The reverse is true as well: if you have an injury away from work, and it aggravates an old on-the-job injury, Montana's workers compensation law provides that the new injury to the previously injured body part may eliminate work comp medical coverage for the injury to that body part..
These issues are almost always complicated, a trap for the unwary. For information, call Howard Toole Law Offices at 406 728-4682.
