WORKERS  COMPENSATION

      With the industrialization of this country early in the twentieth century came increased hazards for those employees in the industrial work force. When there was fault on the part of the employer, the employee might obtain some reimbursement for loss of wages and medical bills. If there was no fault, the injured employee would more likely have lost the job and perhaps become another welfare recipient. On the other hand, employers were subject to the expense of defending themselves against claims of negligence which, in some cases, were unfounded but still expensive to litigate.

        As a result of these conflicts, states almost universally enacted "workman's compensation" laws such as that which currently exists in Montana as the Montana Workers Compensation Act. In the case of a Workers Compensation claim, negligence is not an issue as it would be in the typical personal injury case. Rather, the test is whether the injury arose out of, and in the course of, the scope of the employment. If so, the employee is entitled to compensation for the loss of any wages, but the amount of that compensation is strictly set by the same state law.

        The attorneys at Moulton Bellingham have a great deal of experience representing clients in Workers Compensation claims, both from the standpoint of representing employers and insurers defending such claims, and, in certain circumstances, representing the severely injured employee. Different legal tools are used in litigating such claims. Workers Compensation cases depend more upon a legal presentation made before the Workers Compensation Court Judge than upon a factual presentation such as might be made to a jury.