Who is Covered?

Exempt Employers

Some individuals and groups of workers are exempted by law from workers' comp insurance. To elect coverage for exempted employments (subject to Montana State Fund approval), please call us at 800-332-6102.

The employments that are exempted include:

  • Sole proprietors, working members of a partnership, working members of a limited liability partnership and working members of a member-managed limited liability. Please note – if you retain or contract with these employers to perform work for you, they must either have workers' compensation coverage on themselves or an Independent Contractor Exemption Certificate (ICEC) issued by the Montana Department of Labor & Industry In the absence of those, you, as the employer or contractor, may be determined to be providing coverage for them for the work they perform for you.
  • Dependent members of an employer's family or spouse for whom an exemption may be claimed by the employer under the Federal Internal Revenue Code. This provision applies only to sole proprietorships and partnerships.
  • Household or domestic employees whose typical duties include house cleaning and yard work. Employees whose duties include home health care or domiciliary care are not household or domestic employees.
  • Casual employment that is not part of the usual business of the employer. Part-time, short-term or occasional employees who perform duties that are part of the employer's usual business are not casual employees.
  • Persons working in return for aid or sustenance only.
  • Amateur athletic officials, including a timer, referee, umpire or judge.
  • Real estate, securities or insurance salespersons paid only by commission with no guarantee of minimum earnings.
  • Direct home sellers of consumer products.
  • Newspaper carriers who deliver singles or bundles of newspapers and have acknowledged no coverage in writing.
  • Freelance correspondents who submit articles or photos for publication, are paid for each item, and have acknowledged no coverage in writing.
  • Licensed barbers or cosmetologists who contract with cosmetology establishments.
  • Petroleum land professionals.
  • Licensed jockeys riding in a horse race, from the time the jockey reports to the scale room through the time that the jockey is weighed out after a race. The jockey must acknowledge no coverage in writing.
  • Licensed trainers, assistant trainers, exercise persons or pony persons while on the grounds of a licensed horse race meet.
  • Employees who are not residents of Montana and whose primary duties are not outside Montana, the employer must comply with the coverage requirements where the employee resides or performs work. EXCEPTION: Employers working in the construction industry must provide Montana coverage for all employees, both resident and nonresident, while working in Montana.
  • Officers or managers of a private, nonprofit, irrigation ditch company or water user cooperative, corporation, association or organization.
  • An ordained, commissioned or licensed minister of a church or a member of a religious order.
  • Persons providing companionship services or respite care for individuals who cannot care for themselves. The person providing the services or care must be employed directly by a family member or a legal guardian.
  • Volunteer workers. including volunteer emergency medical technicians However, the following volunteer workers are not exempt:
    • Air search and rescue volunteers employed by the Montana Department of Transportation (Section 67-2-105, MCA),
    • Volunteer reserve or auxiliary officers providing service to a local law enforcement agency (Section 7-32-203, MCA),
    • Volunteer firefighters who provide service to a second-class city. All other volunteer firefighters are exempt.
  • Corporate officers or managers of a manager-managed limited liability company (LLC) who meet certain criteria. Contact your team's customer service specialist for specific criteria. NOTE: Corporate officers or limited liability company managers who fail to satisfy any of the elective criteria, and who receive pay from the corporation or limited liability company for the performance of ordinary duties, are automatically covered.
  • Professional athletes on a team or club engaged in contact sports. Contact sports include but are not limited to football, hockey, roller derby, rugby, lacrosse, wrestling and boxing.
  • A person performing the services of an intrastate or interstate common or contract motor carrier when hired by an individual or entity who meets the definition of a freight broker or freight forwarder.
  • A musician performing under a written contract.
  • A person performing temporary agricultural work if:
    •  1. the person is an exempt corporate officer, member or manager of a LLC for a company that primarily performs agricultural work at a fixed business location or
    • 2.  the person is a sole proprietor or partner, and not required to obtain an independent contractor's exemption certificate because the person does not regularly perform agricultural work away from the person's own fixed business location.