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Workers' Compensation by state

Workers' compensation requirements in Montana

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Direct answer

Does Montana require workers' compensation insurance?

Yes. Montana requires workers' compensation coverage once a business has one or more employees, under the Montana Workers' Compensation Act. Montana requires most employers with one or more employees to carry workers' compensation coverage. Coverage can be obtained from a private insurer, the Montana State Fund, or an approved self-insurance program.

Reviewed by Cornerstone Staff28 years of financial services state licensing experienceLast verified July 29, 2026

How the mandate works

Montana requires most employers with one or more employees to carry workers' compensation coverage. Coverage can be obtained from a private insurer, the Montana State Fund, or an approved self-insurance program.

Coverage trigger
One or more employees
If you go without coverage
Employers without required coverage can face penalties, work-stop orders, and personal liability for an injured worker's benefits.

Notable exemptions

Exemptions are narrow and fact-specific; confirm your situation with the regulator or an agent before relying on one.

  • Sole proprietors, working partners, and certain corporate officers or LLC members who elect out
  • Some household and domestic employment
  • Certain casual and volunteer labor

Statutes and sources

  • Montana Workers' Compensation Act

    Mont. Code Ann. sect. 39-71-101 et seq.

Regulator: Montana Employment Relations Division, Workers' Compensation . Last verified 2026-07-29 from the official source .

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