39-71-509. Action against uninsured employer -- limitation of employer's defenses. If an injured employee or the employee's beneficiaries bring an action to recover damages for personal injuries sustained or for death resulting from personal injuries sustained, it is not a defense for the employer that the:
(1) employee was negligent unless the negligence was willful;
(2) injury was caused by the negligence of a fellow employee; or
(3) employee had assumed the risks inherent in, incident to, or arising out of the employee's employment or arising from the failure of the employer to provide and maintain a reasonably safe place to work or reasonably safe tools or appliances.
History: En. 92-213 by Sec. 5, Ch. 550, L. 1977; R.C.M. 1947, 92-213(part); amd. Sec. 5, Ch. 601, L. 1985; amd. Sec. 1545, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 71. Workers' Compensation
39-71-501. Definition of uninsured employer
39-71-504. Funding of fund -- option for agreement between department and injured employee
39-71-505. Applicability of other provisions of chapter to fund
39-71-506. Lien for payment of unpaid penalties, fees, and interest -- levy and execution
39-71-509. Action against uninsured employer -- limitation of employer's defenses
39-71-510. Limitation on benefit entitlement under fund
39-71-511. Setoffs to claim against fund
39-71-512. through 39-71-514 reserved
39-71-515. Independent cause of action
39-71-516. District court venue and jurisdiction for independent cause of action
39-71-517. Requirement to serve papers
39-71-518. Setoffs against remaining liability
39-71-521. Burden of proof -- insurance coverage
39-71-522. Inspection of construction sites -- public policy -- penalty
39-71-523. and 39-71-524 reserved
39-71-525. Confidentiality of records -- exception for use by public employees
39-71-526. through 39-71-530 reserved