Montana Code 39-71-515. Independent cause of action
39-71-515. Independent cause of action. (1) An injured employee or the employee’s beneficiaries have an independent cause of action against an uninsured employer for failure to be enrolled in a compensation plan as required by this chapter.
Terms Used In Montana Code 39-71-515
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2)In an action described in subsection (1), prima facie liability of the uninsured employer exists if the claimant proves, by a preponderance of the evidence, that:
(a)the employer was required by law to be enrolled under compensation plan No. 1, 2, or 3 with respect to the claimant; and
(b)the employer was not enrolled on the date of the injury or death.
(3)It is not a defense to an action that the employee had knowledge of or consented to the employer’s failure to carry insurance or that the employee was negligent in permitting the failure to exist.
(4)The amount of recoverable damages in an action is the amount of compensation that the employee would have received had the employer been properly enrolled under compensation plan No. 1, 2, or 3.
(5)A plaintiff who prevails in an action brought under this section is entitled to recover reasonable costs and attorney fees incurred in the action, in addition to damages.