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Montana Workers' Compensation Requirements

Required from your 1st employee

✓ Verified 2026-09-08 Source: MT Department of Labor - Employment Relations Division ↗ See something wrong? Tell us →

At a glance

1st

employee threshold (general)

construction threshold

Private market

buy from any carrier

MT Department of Labor - Employment Relations Division

official source (verified 2026-09-08)

The details

MCA 39-71-401: Act applies to ALL employers with any employee. Sole proprietors may elect coverage.

If a claim happens: benefit amounts in Montana

$1,084/wk max weekly wage-replacement benefit (66 2/3% of preinjury wage)

Waiting period: varies · Duration: see IAIABC Table 4A

Max TTD weekly benefit as of Jan 1, 2025 (IAIABC/WCRI Workers' Compensation Laws 2025 compendium, Table A.1). Annual-adjustment states have since raised 2025-2026 rates — verify before launch Medical: See state agency — benefit structure varies. Death: see state agency. Rate cycle: adjusts 07/01 each year. All states' benefit rates →

FAQ

Do I need workers' compensation in Montana?

Yes — Montana requires coverage as soon as you hire your first employee (full-time or part-time).

What about construction businesses in Montana?

Construction businesses follow the same 1 threshold. See details below for industry nuances.

What if I don't carry required coverage in Montana?

Penalties vary by state and can include per-employee per-day fines, stop-work orders, and personal liability for injury claims. Check the official source below for Montana's current enforcement posture.

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Official source: MT Department of Labor - Employment Relations Division · Verified 2026-09-08 (official) · Compare all states · Construction rules · Farm rules