How does workers' comp work in Montana?

In Montana, rates for workers compensation coverage are more expensive than the national average. As of 2013, the rates are about 15 percent higher than the rest of the country. A primary reason for these higher rates is the lack of competition in the state.

Montana uses a state fund as the assigned risk provider. This is set up for businesses who cannot find coverage on the open market. Rates in the assigned risk pool are typically higher than rates on the open market. For the most part, states who have their own state fund suffer from higher rates than states who have some sort of partnership with an insurance carrier to be the assigned risk provider.

Montana uses the National Council on Compensation Insurance (NCCI) for determining rates on workers' compensation coverage. NCCI is the nation’s most experienced provider of workers compensation information, tools, and services. It gathers data, analyzes industry trends, and prepares objective insurance rate and loss cost recommendations. NCCI partners with Montana to determines rates on class codes only.

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Workers' Comp Rules & Information for Montana

Montana Department of Labor and Industry

P.O. Box 8011
Helena, MT 59624-8011
Phone: 406-444-6532

MT State Fund Transfers to Commissioner

As of January 1, 2016 Montana transferred oversight of the Montana State Workers' Compensation Fund from the legislature to the State Commissioner of Insurance. This will make 2016 the first year the Montana State Fund will undergo a rate review. Most in the state are hopeful this will bring rates down for those employers in the state fund.

The state fund of Montana writes 60% of all Workers' Comp Premium within the state. In 2019 this amounted to $165 million in premium.

Montana NCCI partnership

Montana uses the National Council on Compensation Insurance (NCCI) for determining rates on workers' compensation coverage. NCCI is the nation’s most experienced provider of workers compensation information, tools, and services. It gathers data, analyzes industry trends, and prepares objective insurance rate and loss cost recommendations. NCCI partners with Montana to determines rates on class codes only.

Montana State Fund

In Montana there is a state fund who is the assigned risk provider. This state fund competes with insurance providers on the open market in an effort to drive down the price of Workers' Comp Coverage for employers in the state of Montana. Rates on coverage have fallen dramatically in the past 5 years.

What is Workers' Compensation?

The basic purpose of the Workers’ Compensation is to provide wage replacement benefits and medical treatment for employees who have been injured or become ill due to a work-related injury or illness. It prevents the employer from bearing the costs of injuries that occur during normal business operations.

How does workers' comp help my business?

Your business benefits from workers' compensation coverage, by not being liable for injuries that occur as a part of normal business operations. This applies whether the injury was the fault of the business or was caused by negligent actions of the employee. You can move forward with your business operations knowing that if one of your employees is injured because of something that happens as a normal part of your business operations, your business is not liable for the costs.

How does workers' comp help my employee?

Employees benefit from workers' comp coverage by having lost wages covered while they are hurt or sick and not able to work. It also pays for medical costs they might incur as a result of the sickness or injury.

Montana Workers' Comp Credits and Discounts

Montana state law allows insurance providers to issue credits and discounts on manual premium rates up to 25%. This means that employers with good claims experience and modifiers may be eligible for a policy credit. Our agents are trained to request maximum credits from our insurance carriers when applicable.

Montana Insurance Directives Regarding Covid-19

MT DOI asks insurers to “consider” recommendations such as: 1) flexible payment; 2) extended payment deadlines/grace periods; 3) suspend premium billing for small businesses for a specific number of days or billing cycles; 4) waive late fees or other fees.  Asks insurers to reach out to customers to tell them about relief measures.  A press release was sent to consumers summarizing this letter to insurers and encouraging consumers to reach out to insurer if unable to pay premium.

Discretionary order in effect from 03/26/2020 - further notice. All insurance lines.

State Orders Regarding Insurance Claims Related to Coronavirus

No current state orders.

Specialized Programs for Select Industries

We work with our national insurance partners to develop targeted programs with easier underwriting requirements and lower rates. We offer a broad range of business class codes that help streamline the quote process so you get the lowest price for coverage.

Knowing the Montana workers comp requirements can help lower the cost of coverage.

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Montana Work Comp Information

More Options and More Quotes

With over 35 top rated insurance carriers to quote your work comp coverage, chances are we've got the lowest rates in the industry. For almost every workers compensation class code in West Virginia we can find the most complete coverage at the lowest rates around. Ask about our exclusive WV programs.

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Workers' Comp Includes Employers Liability Insurance?

Employers liability insurance is an additional layer of coverage included as part of a workers' compensation insurance policy. Employers Liability is known as Part 2 of the policy. It adds two additional coverages for employers:

Employers Legal Liability and Legal Defense Costs

In today's world, there are a variety of reasons employees and third-parties sue employers for damages. Here a some common types covered by employers liability insurance:

Third Party Lawsuits

Your employee sues another party that may have contributed to the injury, In turn, the third party sues your business.

Consequential Bodily Injury

Another party or individual is injured while providing care for the injured employee.

Dual Capacity Legal Action

An employee files a claim but also attempts to sue the employer for being responsible in other ways outside of the employment relationship.

Loss of Consortium

A spouse sues for damages caused by the loss of companionship or relations.

Employers Liability coverage is not included with coverage in the four monopolistic states. Employers in these states can endorse this coverage onto their General Liability policy. That coverage is commonly known as Stop Gap Coverage.

Workers' Comp Covers MT Employers from Injury Related Expenses & Lawsuits
Employers liability insurance is included under a workers' comp policy in most states.
  • Employers liability coverage is not included in all monopolistic states.
  • All NCCI and most other states' coverage includes employers liability insurance.
Visit NCCI for more resources and information about workers' compensation class codes. Visit United States Department of Labor for more information about government agencies managing workers compensation insurance rates.

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