Workers comp rates and rules in Montana
Montana has 0 workers comp class codes with filed rates, a maximum weekly benefit of $1,290 (66.67% of average weekly wage), and a statute of limitations of 1 year. Verified 2026-05-08.
Class code rate comparison
The top 0 workers comp class codes filed in Montana, sorted from cheapest to most expensive per $100 of payroll. Cross-state percentile shows where each code sits versus the same code in other states.
| State | Occupation | Code | Rate per $100 | vs peers | Source |
|---|
Bottom quartile (cheap) Mid Top quartile (expensive) This state
Montana coverage rules & benefits
Coverage threshold
Most employers with one or more employees must carry workers compensation insurance, with limited exceptions (domestic, casual, agricultural under thresholds).
Max weekly benefit
$1,290 (66.67% of average weekly wage), effective 2024.
TTD weeks
104 weeks of temporary total disability benefits.
Death benefit
Up to $645,000 in fatal-claim death benefits to dependents.
Statute of limitations
1 year from injury date to file the claim.
1099 contractor treatment
Individuals performing services for remuneration are presumed to be employees unless they meet specific statutory criteria to be considered independent contractors.
Owner exclusion
Allowed. Sole proprietor self-coverage: optional. LLC member self-coverage: optional.
State fund
Montana State Fund is the state-administered carrier.
Estimate your premium in Montana
Pre-filled to Montana. Pick your industry and payroll to see a real premium range from filed rates.
Estimate your workers comp premium
Pick your industry, state, and annual payroll. Range comes from real rate filings.
Filing & compliance in Montana
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Step 1, Confirm coverage threshold
Most employers with one or more employees must carry workers compensation insurance, with limited exceptions (domestic, casual, agricultural under thresholds).
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Step 2, Determine class code
Your premium uses the NCCI class code that best matches your operation. The wrong class code can cost 4-10x more or get reclassified at audit.
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Step 3, Get a quote (or use the state fund)
Montana State Fund is one option; private carriers like Travelers, Hartford, and Liberty Mutual also write coverage in Montana. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Track payroll & subcontractors
General contractor may be held liable for an uninsured subcontractor's workers compensation claims. Keep certificates of insurance for every sub.
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Step 5, Annual audit
Carriers audit payroll within 90 days of policy expiration. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll.
Montana workers comp FAQs
Who has to carry workers compensation insurance in Montana?
Most employers with one or more employees must carry workers compensation insurance, with limited exceptions (domestic, casual, agricultural under thresholds).
What is the maximum weekly workers comp benefit in Montana?
The current maximum weekly benefit in Montana is $1,290 (effective 2024). Benefits are typically 66.67% of the average weekly wage, capped at the state maximum.
How long do I have to file a workers comp claim in Montana?
The statute of limitations for filing a workers compensation claim in Montana is 1 year from the date of injury. Notice to the employer is typically required within 30 days.
Are 1099 contractors covered by workers comp in Montana?
Individuals performing services for remuneration are presumed to be employees unless they meet specific statutory criteria to be considered independent contractors.
Can business owners exclude themselves from workers comp coverage in Montana?
Yes, Montana allows business owners (sole proprietors, partners, LLC members, corporate officers) to exclude themselves from coverage by filing the appropriate election form. Sole-proprietor self-coverage is not required; LLC member self-coverage is not required.
What is the penalty for not carrying workers comp in Montana?
Penalties include fines up to $500 per day, stop-work orders, and personal liability for injured workers' benefits.
When does my workers comp carrier audit my payroll in Montana?
Montana typically requires a payroll audit within 90 days of policy expiration. Final premium is reconciled to actual payroll, and class code allocation can shift based on the audit findings. Keep payroll segregated by class code and have job-duty documentation ready.
Am I liable for subcontractors' workers comp in Montana?
General contractor may be held liable for an uninsured subcontractor's workers compensation claims.