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How Does Montana Define ‘Injury’?

10 Aug, 2025 Frank Ferreri

                               
Glossary Check

It's tough to have a workers' compensation claim without an injury, but just what is an "injury" depends on how state law defines it.

Such a definition is one of many points of law that appear on Simply Research, so we highlighted what Montana statutes have to say about what makes an injury an "injury."

Injury, Injured

"Injury" or "injured" means:

+ Internal or external physical harm to the body that is established by objective medical findings.

+ Damage to prosthetic devices.

+ Damage to appliances, except for damage to eyeglasses, contact lenses, dentures, or hearing aids.

+ Death.

Accident

An injury is caused by an accident. An "accident" is:

+ An unexpected traumatic incident or unusual strain.

+ Identifiable by time and place of occurrence.

+ Identifiable by member or part of the body affected.

+ Caused by a specific event on a single day or during a single work shift.

What's not Included?

"Injury" or "injured" does not mean a physical or mental condition arising from:

+ Emotional or mental stress.

+ Nonphysical stimulus or activity.

"Injury" or "injured" does not include a disease that is not caused by an accident.

Primary Cause

A cardiovascular, pulmonary, respiratory, or other disease, cerebrovascular accident, or myocardial infarction suffered by a worker is an injury only if the accident is the primary cause of the physical condition in relation to other factors contributing to the physical condition.

"Primary cause" means a cause that, with a reasonable degree of medical certainty, is responsible for more than 50% of the physical condition.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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