39-71-1003 – Voc Rehab for injuries before June 30, 1997
39-71-1004 – Industrial Accident rehabilitation account
39-71-1006 – Rehabilitation benefits
39-71-1011 – Definitions
39-71-1014 – Rehabilitation services
39-71-1025 – Auxiliary benefits
39-71-1031 – Exchange of information
39-71-1032 – Termination of Benefits for noncooperation with rehabilitation provider – appeal
39-71-1036 – Medical Status Form
39-71-1041 – SAW/RTW goals and options – notification by department – agreement between worker and insurer
39-71-1042 – Request for and delivery of SAW/RTW
39-71-1043 – Rehabilitation provider – evaluation
39-71-1049 – SAW/RTW assistance fund – purpose – payment process
39-71-1050 – Assessment for SAW/RTW assistance funds
39-71-1051 – Rulemaking authority
(March 19, 2013)
The administrative rules for the Stay at Work/Return to Work program have been submitted to the Secretary of State and will take effect on July 13, 2012. You can view a preliminary version of the final rules here.
DISCLAIMER: The unofficial text of administrative rules is provided by the Department of Labor and Industry as a service to its customers. The official text of administrative rules is published by the Montana Secretary of State, Administrative Rules Bureau. In the event of a discrepancy between the unofficial text of a rule and the official version, the official version is correct. Users of this unofficial text version are urged to consult the official publications of the Secretary of State's office to verify the accuracy of the text before taking action in reliance upon an unofficial text version.
For more information on the Stay at Work/Return to Work Project, contact Jason Swant, (406) 444-1748.
Minimize avoidable disruption caused by work-related injury or occupational disease and assist the injured worker to return as soon as possible to:
A post card is mailed to each injured worker who files a workers’ compensation claim on or since July 1, 2012. The post card notifies the worker that stay at work/return to work (SAW/RTW) assistance is available to help them return to work.
Post Card Language:
The Montana Department of Labor and Industry (DLI) and workers’ compensation insurers help Montana workers stay at work or return to work quickly after a work-related injury. Staying at work or returning to work reduces the impact of workplace injuries on workers, their families, their employers and their communities. To find out more, contact your workers’ compensation insurer or DLI by visiting http://erd.dli.mt.gov, by phone 406-444-1752 or by email at firstname.lastname@example.org.
SAW/RTW assistance is available for anytime unless:
The injured worker, employer or health care provider may request SAW/RTW assistance. Requests for SAW/RTW assistance can be made to the Department or directly to the Workers’ Compensation Insurer. Requests can be made to the department by phone or email by calling 444-1752 or emailing email@example.com.
When the department receives a request for SAW/RTW assistance, the department determines the insurer at risk for the claim and advises the insurer of the request for SAW/RTW assistance.
By law, if the insurer has accepted liability for the claim, the insurer is responsible to provide SAW/RTW assistance to the worker either under the insurer’s own SAW/RTW policy or by assigning a rehabilitation counselor to provide the assistance.
When the Department notifies the insurer of a request, the insurer shall let the Department know within three days that the insurer is acting. If the insurer is providing the SAW/RTW assistance pursuant to their own policy, the insurer will provide the worker, and copy the Department, an explanation of the SAW/RTW assistance including contact information for the person providing the SAW/RTW assistance.
If the insurer has not yet determined whether or not to accept liability for the claim, the insurer may provide SAW/RTW assistance either under the insurer’s own SAW/RTW policy or by assigning a rehabilitation counselor to provide the assistance.
If the insurer has not yet determined whether or not to accept liability for the claim and declines to provide SAW/RTW assistance the Department shall obtain SAW/RTW assistance for the worker by designating a rehabilitation counselor. CRC service provider list.
If the department cannot determine the insurer at risk for the claim, the Department shall obtain SAW/RTW assistance for the worker by designating a rehabilitation counselor.
When the department designates a rehabilitation counselor to provide SAW/RTW assistance for the worker, the rehabilitation counselor will:
Assistance is available up to $2,000.00, to assist an employer in modifying the workplace or purchasing equipment required for the employer to provide transitional employment. The employer must apply to receive the assistance. The application must include:
Coordinate requests made to the department for SAW/RTW assistance with insurers. When an insurer cannot be identified obtain SAW/RTW assistance for the worker by designating a rehabilitation counselor. Continue to provide SAW/RTW assistance via the rehabilitation counselor until it:
Provide written notice to the injured worker, employer and insurer, if identified, when a vocational rehabilitation counselor is assigned by the department to provide SAW/RTW assistance. The notice shall be made within three business days of the assignment of a vocational rehabilitation counselor. Provide written notice to the injured worker, employer and insurer of the completion of department-provided SAW/RTW assistance within three business days of the completion of services.