What your coworker's employer is hoping he never finds out is this: in Montana, a boss does not get to steer a work injury into private health insurance just to keep it off workers' comp.

The common bad advice is: "Take the quick check, use your own insurance, and avoid court." That is usually the cheapest outcome for the employer and the insurer, not for the injured worker.

The correct answer is that your coworker should judge any offer only after the claim is handled as a Montana workers' compensation claim, the injury is documented, and the future medical picture is clearer. In Montana, the worker should give notice of the injury within 30 days and generally has 12 months to file a claim. Disputes go through the Montana Department of Labor and Industry first, usually with mediation, before the Workers' Compensation Court in Helena. "Going to court" usually does not mean a Yellowstone County jury trial.

Behind closed doors, settlement talks usually turn on a few hard numbers:

• whether the insurer accepted the claim and all injured body parts
• the worker's average weekly wage
• current medical records, work restrictions, and any impairment rating
• expected future treatment, including surgery or rehab
• whether private insurance, Medicare, or providers will demand reimbursement from settlement money

Most cases do not go to trial because once records, wage data, and doctor opinions are exchanged, both sides can price the risk. Offers are often lowest early, especially when the worker is under pressure from tax-season bills and medical debt.

Holding out makes sense if he is still treating, may need more care, has not reached maximum medical improvement, or does not yet know if permanent restrictions will affect construction work in Billings. A fast offer before that often leaves the worker paying for the part no one priced.