Montana

Yes, all employers with one or more employees, sole proprietors, partners, and members of a member managed LLC, must carry workers compensation insurance.

The following circumstances are exempt:

• Household, domestic, or causal employment
• Any member of the employer's family who is a dependant and is claimed exempt under the federal Internal Revenue Code
• Sole proprietors and working members of any partnership, limited liability partnership, or member-managed limited liability company
• A Board of Realty licensed broker or salesperson or any direct seller
• Service that has the rule of liability for injury, occupational disease, or death covered under United States law
• A volunteer or anyone working in exchange for aid/sustenance only
• Railroad employment regarding interstate commerce
• School amateur athletic officials such as a judge, timer, or referee
• Newspaper carriers and freelance correspondents
• A barber or cosmetologist service provider
• Employment by enrolled tribal member or entity at least 51% owned by tribal members who conduct business within the reservation only
• A licensed jockey
• Any spouse of an employer
• A petroleum land professional
• Quasi-public/private corporation managers or officers of a manager-managed limited liability company
• An manager or officer of a ditch company
• Services provided by a church minster who is ordained, commissioned, or licensed
• Independent Contractors

REQUIREMENTS FOR CORPORATE OFFICERS OF A CORPORATION AND
MANAGERS OF A MANAGER-MANAGED LIMITED LIABILITY COMPANY

Independent contractors may exempt themselves from workers compensation coverage. To be recognized as an Independent Contractor, you must be free from control over the hiring agent, fill out the proper form (follow link below) and submit notarized affidavit stating you elect to exempt yourself from workers compensation insurance coverage.

Montana Guide for Workers Compensation for Contractors