Lucas Foust:
Hi, this is Lucas Foust from Foust Law Office, and I'm here to answer a question that I receive on a regular basis from people who have been injured at work. The question is this: Can I receive lost wages after I've been in a workplace injury, and I can't go back to work?
Lucas Foust:
Well, the answer to that question is, yes, you have a right to receive up to two-thirds of your average weekly wage prior to the date of injury. And there's a way that the state fund or the Montana statute qualifies a person for temporary total disability benefits, and I'm happy to go over that with you. But, in a nutshell, you're entitled to receive up to two-thirds of the wages that you received from your average weekly wage. They take the last four pay periods, they average them, and based on that average, you're entitled to up to two-thirds.
Lucas Foust:
Now, none of these funds are taxable, so, for that reason, although it's a little bit less money than you received before, there are no taxes withheld. For that reason, you're at a pretty comparable rate to what you received while you were working.
Lucas Foust:
To answer this question in more detail, I encourage you to download some information from this website. Download our book, a Comprehensive Guide to Workers' Compensation Law in Montana, which is on the website, which is www.LucasFoustLaw.com. At Foust Law Office, we believe that an informed client is a better client.