39-71-412. Liability of third party other than employer or fellow employee -- additional cause of action. The right to compensation and medical benefits as provided by this chapter is not affected by the fact that the injury, occupational disease, or death is caused by the negligence of a third party other than the employer or the servants or employees of the employer. Whenever injury, occupational disease, or death occurs to an employee while performing the duties of employment and the event is caused by the act or omission of some persons or corporations other than the employee's employer or the servants or employees of the employee's employer, the employee or in case of death the employee's heirs or personal representative, in addition to the right to receive compensation under this chapter, has a right to prosecute any cause of action that the employee or heirs may have for damages against the persons or corporations.
History: En. 92-204.1 by Sec. 1, Ch. 493, L. 1973; amd. Sec. 2, Ch. 550, L. 1977; R.C.M. 1947, 92-204.1(part); amd. Sec. 1544, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 71. Workers' Compensation
Part 4. Coverage, Liability, and Subrogation
39-71-401. Employments covered and exemptions -- elections -- notice
39-71-405. Liability of employer who contracts work out
39-71-406. Deduction from wages of any part of premium a misdemeanor
39-71-407. Liability of insurers -- limitations
39-71-408. Liability as first lien in case of bankruptcy or failure
39-71-409. Waivers by employee invalid
39-71-411. Provisions of chapter exclusive remedy -- nonliability of insured employer
39-71-415. Procedure for resolving disputes regarding independent contractor status
39-71-417. Independent contractor certification
39-71-418. Suspension or revocation of independent contractor exemption certificate
39-71-419. Independent contractor violations -- penalty
39-71-421. Financial incentives to institute safety programs
39-71-422. through 39-71-425 reserved
39-71-429. and 39-71-430 reserved
39-71-433. Group purchase of workers' compensation insurance
39-71-434. Deductible insurance policy provision for medical benefits
39-71-435. Workers' compensation and employers' liability insurance -- optional deductibles
39-71-436. through 39-71-440 reserved