Lucas Foust:
Hi. This is Lucas Foust from Foust Law Office. I'm here to talk a little bit, just briefly, about the four types of cases where I believe an attorney is absolutely necessary in Montana. The first of these, and I'll have separate videos for each of these types, but the first of these involves an occurrence that happens far, far too often in Montana.
Lucas Foust:
Anytime there's a workplace death case, I really encourage a family to contact an attorney because there are an awful lot of ways that you might be surprised that can cause, a lot of things can cause problems in your workers' compensation claim for death benefits. Before I go too much into the details, your family is going through an awful lot right now and you need some answers, feel free to call me. There is absolutely no charge to discuss your family's situation with me. At the end of the day, I may even tell you, you do not need a lawyer.
Lucas Foust:
Just a couple of things you should be aware of. If you've lost a loved one at work if they'd been killed while at work. Number one, you may be a beneficiary and under Montana law, there are two types of beneficiaries primarily. There's a spouse so if your husband or your wife was killed you may be a beneficiary entitled to benefits. Also, if you have a child who that's under 18, that child may be eligible for workers' compensation benefits or have a right to workers' compensation benefits.
Lucas Foust:
For spouses under Montana law, as a spouse, you may receive up to 500 weeks of benefits under the Workers' Compensation Act. This 500 weeks, however, concludes if you should happen to remarry. This actually happens a fair amount, a person loses a spouse, and then they do remarry. You're entitled to up to 500 weeks of benefits. If you have children, those children are entitled to benefits at a minimum until they reach the age of 18.
Lucas Foust:
If there is a widow and children at home, the widow receives benefits first and then the child does after that. The children are entitled to receive benefits up until the age of 18 unless they attend college, and if they attend college that age goes up to 22. There's an awful lot of potential landmines in this process so I really encourage you to contact my office. Feel free to download any information, including our book which is entitled A Comprehensive Guide to Workers' Compensation Law in Montana.
Lucas Foust:
Do reach out, take some time, take care of business. The grieving process is tough but sometimes you got to do some things that are kind of difficult so I really encourage you to contact my office or another law firm. I really want to see that you're taken care of. At Foust Law Office, we believe that an informed client is a better client.