Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 7. Compensation and Benefits Generally
Montana Code Annotated

Mont. Code Ann. § 39-71-721 (2026)

Compensation For Injury Causing Death -- Limitation

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 7
  5. 39-71-721 Compensation for injury causing death -- limitation

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 7. Compensation and Benefits Generally

Compensation For Injury Causing Death -- Limitation

39-71-721. Compensation for injury causing death -- limitation. (1) (a) If an injured employee dies and the injury was the proximate cause of the death, the beneficiary of the deceased is entitled to the same compensation as though the death occurred immediately following the injury. A beneficiary's eligibility for benefits commences after the date of death, and the benefit level is established as set forth in subsection (2).

(b) The insurer is entitled to recover any overpayments or compensation paid in a lump sum to a worker prior to death but not yet recouped. The insurer shall recover the payments from the beneficiary's biweekly payments as provided in 39-71-741(5).

(2) To beneficiaries as defined in 39-71-116(4)(a) through (4)(d), weekly compensation benefits for an injury causing death are 66 2/3% of the decedent's wages. The maximum weekly compensation benefit may not exceed the state's average weekly wage at the time of injury. The minimum weekly compensation benefit is 50% of the state's average weekly wage, but in no event may it exceed the decedent's actual wages at the time of death.

(3) To beneficiaries as defined in 39-71-116(4)(e) and (4)(f), weekly benefits must be paid to the extent of the dependency at the time of the injury, subject to a maximum of 66 2/3% of the decedent's wages. The maximum weekly compensation may not exceed the state's average weekly wage at the time of injury.

(4) If the decedent leaves no beneficiary, a lump-sum payment of $3,000 must be paid to the decedent's surviving parent or parents.

(5) If any beneficiary of a deceased employee dies, the right of the beneficiary to compensation under this chapter ceases. Death benefits must be paid to a surviving spouse for 500 weeks subsequent to the date of the deceased employee's death or until the spouse's remarriage, whichever occurs first. After benefit payments cease to a surviving spouse, death benefits must be paid to beneficiaries, if any, as defined in 39-71-116(4)(b) through (4)(d).

(6) In all cases, benefits must be paid to beneficiaries.

(7) Benefits paid under this section may not be adjusted for cost of living as provided in 39-71-702.

History: (1)En. Sec. 12, Ch. 96, L. 1915; re-en. Sec. 2905, R.C.M. 1921; re-en. Sec. 2905, R.C.M. 1935; amd. Sec. 15, Ch. 23, L. 1975; Sec. 92-608, R.C.M. 1947; (2) thru (6)Ap. p. 92-704.1 by Sec. 1, Ch. 203, L. 1973; amd. Sec. 2, Ch. 269, L. 1974; amd. Sec. 1, Ch. 270, L. 1974; amd. Sec. 2, Ch. 272, L. 1974; Sec. 92-704.1, R.C.M. 1947; Ap. p. Sec. 7, Ch. 96, L. 1915; re-en. Sec. 2892, R.C.M. 1921; re-en. Sec. 2892, R.C.M. 1935; amd. Sec. 10, Ch. 23, L. 1975; Sec. 92-502, R.C.M. 1947; R.C.M. 1947, 92-704.1, 92-502, 92-608(1); amd. Sec. 67, Ch. 197, L. 1979; amd. Sec. 29, Ch. 464, L. 1987; amd. Sec. 8, Ch. 9, Sp. L. June 1989; amd. Sec. 6, Ch. 480, L. 1991; amd. Sec. 17, Ch. 243, L. 1995; amd. Sec. 14, Ch. 516, L. 1995; amd. Sec. 9, Ch. 310, L. 1997; amd. Sec. 2, Ch. 36, L. 2011; amd. Sec. 12, Ch. 167, L. 2011.

Notes of Decisions
Cited in 9 cases, 1981–2011 · leading case: Walters v. Flathead Concrete Prods., Inc., 2011 MT 45 (Mont. 2011).
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Walters v. Flathead Concrete Prods., Inc., 2011 MT 45 (Mont. 2011). · cites it 30× “Compensation for an injury causing death is governed by § 39-71-721, MCA, which incorporates the categories of beneficiaries defined in § 39-71-116, MCA.”
Colmore v. Uninsured Employers Fun, 2005 MT 239 (Mont. 2005). · cites it 6× “The letter included the following explanation of how the benefits were calculated: Pursuant to Section 39-71-721(2), MCA, your Beneficiary entitlement is calculated as follows: $1,800.”
Young Motor Co. v. Div. of Workers' Comp., 710 P.2d 58 (Mont. 1985). · cites it 12× “Campbell’s injury was the proximate cause of his death, she is entitled to compensation as though the death occurred immediately following the injury pursuant to Section 39-71-721, MCA. Clearly, had the injury not occurred within the statutory time frame, Section 92-704.”
Swan v. Sletten Constr. Co., 726 P.2d 1170 (Mont. 1986). · cites it 6× “Section 39-71-721, MCA, provides workers’ compensation benefits for an employee’s death caused by work-related injuries.”
Murer v. Montana State Comp. Mut. Ins. Fund, 849 P.2d 1036 (Mont. 1993). · cites it 2× “§ 39-71-702(6), MCA; § 39-71-703(3), MCA; § 39-71-721(8), MCA; and § 39-71-1024(3), MCA (1987).”
Hock v. Lienco Cedar Prods., 634 P.2d 1174 (Mont. 1981). · cites it 2× “§ 39-71-721, MCA. Dawn’s daughter, Dusty Rae, is also a beneficiary under the workers’ compensation statutes.”
Nave v. State Comp. Mut. Ins. Fund, 835 P.2d 706 (Mont. 1992). · cites it 8× “Section 39-71-721, MCA (1985), sets forth compensation for injury causing death as follows: (1) If an injured employee dies and the injury was the proximate cause of such death, then the beneficiary of the deceased, as the case may be, is entitled to the same compensation as…”
Sandahl v. James A. Slack, Inc., 732 P.2d 831 (Mont. 1987). · cites it 14× “Section 39-71-721, MCA, provides for the payment of death benefits to the beneficiaries of a worker killed in the course of his employment as follows: 39-71-721.”
Wood v. Ulmer's Car & Truck, 769 P.2d 1264 (Mont. 1989). · cites it 2× “The Fund contends that Irene failed to carry the burden of proving inhalation of carbon monoxide caused an injury resulting in death under §§ 39-71-721(1), 39-71-119, MCA (1983): XX-XX-XXX.”
Mont. Code Ann. § 39-71-721(1): 3 cases
Young Motor Co. v. Div. of Workers' Comp., 710 P.2d 58 (Mont. 1985). “Campbell’s injury was the proximate cause of his death, she is entitled to compensation as though the death occurred immediately following the injury pursuant to Section 39-71-721, MCA. Clearly, had the injury not occurred within the statutory time frame, Section 92-704.”
Wood v. Ulmer's Car & Truck, 769 P.2d 1264 (Mont. 1989). “The Fund contends that Irene failed to carry the burden of proving inhalation of carbon monoxide caused an injury resulting in death under §§ 39-71-721(1), 39-71-119, MCA (1983): XX-XX-XXX.”
Nave v. State Comp. Mut. Ins. Fund, 835 P.2d 706 (Mont. 1992). “Section 39-71-721, MCA (1985), sets forth compensation for injury causing death as follows: (1) If an injured employee dies and the injury was the proximate cause of such death, then the beneficiary of the deceased, as the case may be, is entitled to the same compensation as…”
Mont. Code Ann. § 39-71-721(2): 2 cases
Colmore v. Uninsured Employers Fun, 2005 MT 239 (Mont. 2005). “The letter included the following explanation of how the benefits were calculated: Pursuant to Section 39-71-721(2), MCA, your Beneficiary entitlement is calculated as follows: $1,800.”
Walters v. Flathead Concrete Prods., Inc., 2011 MT 45 (Mont. 2011). “Compensation for an injury causing death is governed by § 39-71-721, MCA, which incorporates the categories of beneficiaries defined in § 39-71-116, MCA.”
Mont. Code Ann. § 39-71-721(3): 1 case
Walters v. Flathead Concrete Prods., Inc., 2011 MT 45 (Mont. 2011). “Compensation for an injury causing death is governed by § 39-71-721, MCA, which incorporates the categories of beneficiaries defined in § 39-71-116, MCA.”
Mont. Code Ann. § 39-71-721(4): 1 case
Walters v. Flathead Concrete Prods., Inc., 2011 MT 45 (Mont. 2011). “Compensation for an injury causing death is governed by § 39-71-721, MCA, which incorporates the categories of beneficiaries defined in § 39-71-116, MCA.”
Mont. Code Ann. § 39-71-721(8): 1 case
Murer v. Montana State Comp. Mut. Ins. Fund, 849 P.2d 1036 (Mont. 1993). “§ 39-71-702(6), MCA; § 39-71-703(3), MCA; § 39-71-721(8), MCA; and § 39-71-1024(3), MCA (1987).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.