Montana Workers' Compensation laws & safety compliance analysis

Montana Workers' Compensation: What you need to know

Who Is Covered?

Virtually all employers in Montana must provide workers' compensation coverage for their employees. This includes state, county, and municipal employers, as well as private employers. Appointed and elected officials must be covered, as must workfare employees and juveniles working pursuant to a court order. Persons receiving vocational training on-site (as opposed to in a classroom) must be covered. Independent contractors must provide coverage for their employees, but an employer that hires an independent contractor to do work that is normally done "in house" will be liable for the employees of the contractor if the contractor fails to provide coverage. By the same token, temporary service contractors must provide coverage for their workers, but must notify client companies that they are jointly liable for any unpaid premiums. Immigrants and minors are covered, regardless of whether their employment was legal. Air search-and-rescue personnel must be covered by the state (MT Code Sec. 39-71-101et seq.).

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The categories of employment for which coverage does not have to be provided include:

• Household and domestic help

• Casual employees not working in the course of an employer's trade and paid less than $50 in a quarter

• Dependent members of an employer's family

• Real estate brokers and salespeople

• Sole proprietors and partners

• Door-to-door salespeople

• Persons working for aid or sustenance only

• Interstate railroad workers except on railroad construction

• Cosmetologists and barbers

• Licensed jockeys

• Persons working on an Indian reservation

• Referees, timers, umpires, or judges of amateur athletic events

• Newspaper delivery persons

• Freelance reporters

• Vocational-rehabilitation students

• Volunteer ...

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