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Set against the backdrop of the Rocky Mountains, Montana is an icon of the American West. From the vibrant cities of Billings and Missoula to the stunning landscapes of Glacier National Park, the Treasure State overflows with natural splendor.
With an economy that spans agriculture, mining and outdoor recreation, Montana offers ample opportunities for businesses to prosper. When it comes to protecting your business and employees, finding the right workers’ compensation insurance is essential.
Workers' compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide benefits such as medical care and lost wages for employees who suffer work-related injuries or illnesses.
Full and part-time workers are considered employees under Montana workers’ compensation law.
Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.
The Montana Department of Labor and Industry is responsible for administering the workers’ comp law in Montana. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Employment Standards Division can approve self-insured requests based on financial status.
Employees can verify online if their employer has coverage.
Policies include protection for full and part-time workers.
Some exemptions from workers’ comp in Montana include:
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases developed over time due to job conditions.
Montana workers’ comp insurance provides three types of benefits for work injuries:
The weekly compensation rate is two-thirds of the employee’s average weekly wage, not to exceed a maximum amount set by the state.
Find more information on Montana workers’ compensation benefit rates.
In the event of a work-related injury or illness:
Employees in Montana should report their injury to their employer immediately but no later than 30 days from the accident.
The employee should immediately seek medical attention.
Once notified of the injury, employers should file a report of the accident within six days to their workers' compensation insurance carrier.
If an employer’s insurance provider accepts the claim, the worker may begin receiving benefits to cover medical expenses and lost wages.
Following their recovery, a worker is expected to resume work safely. If a work injury has left an injured employee unable to do any type of work, the employee might be entitled to permanent disability benefits.
In Montana, employees can choose their treating physician for initial treatment. If the employer’s workers’ compensation insurer accepts liability, it may designate another treating physician or approve the choice of treating physician.
If an employee is out of work:
Employers and employees can use the Dispute Resolution Section’s mediation services to resolve a workers’ comp dispute. Mediation is a means of resolving disputes informally. The parties meet with an impartial mediator in a confidential and nonbinding conference to find a resolution.
Employers in Montana with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
Failure to secure workers’ compensation coverage can result in a fine of $200, or twice the premium amount the uninsured employer should have paid on the past three-year payroll, whichever is greater.
In most cases, employees in Montana are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
Generally, independent contractors aren’t covered by workers' compensation insurance in Montana. Workers' compensation laws typically apply to employees rather than independent contractors.
However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can verify online if their employer has coverage.