Skip to main content

Montana Title 39. Labor § 39-71-119. Injury and accident defined

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(1) “Injury” or “injured” means:

(a) internal or external physical harm to the body that is established by objective medical findings;

(b) damage to prosthetic devices or appliances, except for damage to eyeglasses, contact lenses, dentures, or hearing aids;  or

(c) death.

(2) An injury is caused by an accident. An accident is:

(a) an unexpected traumatic incident or unusual strain;

(b) identifiable by time and place of occurrence;

(c) identifiable by member or part of the body affected;  and

(d) caused by a specific event on a single day or during a single work shift.

(3) “Injury” or “injured” does not mean a physical or mental condition arising from:

(a) emotional or mental stress;  or

(b) a nonphysical stimulus or activity.

(4) “Injury” or “injured” does not include a disease that is not caused by an accident.

(5)(a) 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.

(b) “Primary cause”, as used in subsection (5)(a), means a cause that, with a reasonable degree of medical certainty, is responsible for more than 50% of the physical condition.

Cite this article: FindLaw.com - Montana Title 39. Labor § 39-71-119. Injury and accident defined - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-39-labor/mt-code-ann-sect-39-71-119.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard