What to Know About Montana Workers’ Compensation Requirements

An A-Z guide on everything you need to know before you purchase a Montana Workers' Comp Insurance Policy

Montana’s workers’ compensation requirements is that all businesses that have one or more employees, including those who are part-time, full-time, or seasonal are covered by a workers’ comp policy.

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Independent Contractor can be expect if they file a Exemption Certificate.

Part-time, full-time, or seasonal workers need to be covered by a workers’ comp policy.

Is workers’ comp insurance required in Montana?

Yes, having even one employee means the business must meet all Montana workers’ compensation requirements. It also does not matter how small or large a business is.

Do self-employed professionals need to have workers’ compensation in Montana?

Yes, independent contractors must either have workers’ compensation insurance or get an Independent Contractor Exemption Certificate. If this is not done, you will be seen as an employee of any agent who hires you. However, if the worker regularly provides services at a fixed business location, they do not need either of these items.

Which businesses are exempt from Montana workers’ compensation requirements?

The following businesses are among those that can be exempt:

  • Sole proprietors and working members of partnerships
  • Domestic of household employees doing yard work or house cleaning
  • Ordained, licensed, or commissioned ministers or members of religious orders
  • Volunteer workers

How much is workers’ comp coverage in Montana?

Your Montana workers’ comp rate will depend on the following factors:

  • The type of business you have
  • The size of your payroll
  • Your safety record
  • Claim history
workers comp policy cost

How can Montana small business owners save money on workers' comp?

A few methods that reduce costs include:

How does Montana workers’ comp work?

First, businesses can get quotes for workers’ compensation coverage based on their projected annual payroll information. After choosing an insurance company, they need to sign the documents and pay the insurance premiums. 

Once the year is over, the company will do an audit to see if the project payroll amount matches the actual payroll for the past year. Based on their findings, a refund or bill for the difference may be provided at that time.

What does workers’ comp cover in Montana?

Workers who file a workers' comp claim in Montana can receive benefits for the following:

workers comp covers medical bills

Medical bills

workers comp covers lost wages

Lost Wages

Workers' comp coverage also protects employers from legal action. This means that if an employee sues your business because of a workplace injury, the insurance will cover the legal costs of the case.

How can business owners purchase workers’ comp insurance in Montana?

The most common way to get workers comp insurance is through an insurance agent who will get quotes from an insurance company. You can view quotes and choose the right policy for your needs.

If your business is high-risk and you cannot get insurance through an insurance company, you can get insurance through the Montana State Fund

The last way to gain insurance is to self-insure your workers’ comp claims. When you have self-insurance, you pay your own claims rather than using an insurance provider. 

It only makes sense to self-insure if you are a large business, and you will need permission from the Montana Workers’ Compensation Regulation Bureau.

What happens if I don’t have workers’ comp insurance in MT?

In Montana, an employer who doesn’t have workers’ compensation insurance could be fined double the amount of their owed premium starting at a minimum penalty of $200. 

Penalties are calculated using the state fund rate that would have been charged while uninsured and can be quite large if a business was uninsured for a substantial time.

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What are workers’ comp death benefits in MT?

Worker’s spouses and children can get death benefits in Montana. If there aren’t any, benefits may go to dependent parents. 

The death benefits listed as part of Montana workers’ compensation requirements include:

  • Up to $4,000 as a burial allowance
  • Up to 66% of the worker’s average weekly pay
  • Benefits can be paid up to 500 weeks but stop if the spouse dies or gets remarried or a child turns 18 or 22

How do workers’ comp settlements work in MT?

Montana worker’s compensation requirements only allow workers to settle for wage loss benefits so medical benefits remain open. Settlements can be made as a lump sum or a series of payments throughout a longer period. 

The degree of permanent wage loss plays a large role in the settlement and is based on whether a worker can go back to their job without wage loss, whether they are dealing with permanent partial disability, or whether the issue is permanent total disability.

What are the statutes of limitation regarding MT workers’ compensation?

In most cases, Montana workers’ compensation requirements have a statute of limitations of one year after an injury or two years if it is a latent injury or an injury you were unaware of. 

Most workers’ comp claims are closed five years after the injury occurs, but the injured workers can appeal this with the Montana Department of Labor

How do I get a workers’ comp insurance policy with Kickstand Insurance?

Start by filling out a short online form about your business. We’ll use that info to get you an estimated quote. Then, one of our experienced agents will contact you to review the quote and make sure you are getting the absolutely lowest rate possible for your business. Once the quote is finalized, you’re ready to buy the policy - often with coverage starting that day!

Learn more about Workers' Comp in Montana

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