Montana Code Annotated
Part 4. Coverage, Liability, and Subrogation
39-71-412. Liability of third party other than employer or fellow employee -- additional cause of action

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

Montana Code Annotated

Title 39. Labor

Chapter 71. Workers' Compensation

Part 4. Coverage, Liability, and Subrogation

39-71-401. Employments covered and exemptions -- elections -- notice

39-71-402. Extraterritorial applicability and reciprocity of coverage -- agreements with other states -- rulemaking

39-71-403. Plan three exclusive for state agencies -- election of plan by public corporations -- financing of self-insurance fund -- exemption for university system -- definitions -- rulemaking

39-71-404. Repealed

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

39-71-410. Repealed

39-71-411. Provisions of chapter exclusive remedy -- nonliability of insured employer

39-71-412. Liability of third party other than employer or fellow employee -- additional cause of action

39-71-413. Liability of employer or fellow employee for intentional and deliberate acts -- additional cause of action -- intentional injury defined

39-71-414. Subrogation

39-71-415. Procedure for resolving disputes regarding independent contractor status

39-71-416. Repealed

39-71-417. Independent contractor certification

39-71-418. Suspension or revocation of independent contractor exemption certificate

39-71-419. Independent contractor violations -- penalty

39-71-420. reserved

39-71-421. Financial incentives to institute safety programs

39-71-422. through 39-71-425 reserved

39-71-426. Repealed

39-71-427. Repealed

39-71-428. Repealed

39-71-429. and 39-71-430 reserved

39-71-431. Repealed

39-71-432. Definitions

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

39-71-441. Tribal employment coverage

39-71-442. Employer option for extraterritorial coverage