Workers comp exemptions in Montana
Injured employees are generally eligible to receive workers compensation benefits. Some individuals are automatically included in or excluded from workers compensation in Montana.
Corporations: Officers who do not meet any of the four criteria listed below are included in coverage and may not elect to be excluded from coverage. Officers who meet one or more of the following criteria are excluded from coverage and may elect to be included in coverage:
- Officer is not engaged in the ordinary duties of a worker for the corporation and does not receive any pay from the corporation for performance of the duties.
- Officer is engaged primarily in household employment for the corporation.
- Officer who either:
• owns 10% or more shares of stock in the corporation.
• owns less than 10% of the number of shares in the stock of the corporation, if the officer’s shares when aggregated with the shares owned by person or person(s), as referenced in item #4 of this “Corporations” list, total 10% or more shares of stock of the corporation.
- Officer who is the spouse, child, adopted child, stepchild, mother, father, son-in-law, daughter-in-law, nephew, niece, brother or sister of a corporate officer who fulfills either criterion in item #3 of the “Corporations list”.
Partnerships: Partners are excluded from coverage and may elect to be included in coverage.
Sole Proprietorships: Sole proprietors are excluded from coverage and may elect to be included in coverage
Manager-managed Limited Liability Companies (LLCs): Managers who do not meet any of the four criteria listed below are included in coverage and may not elect to be excluded from coverage. Managers who meet one or more of the following criteria are excluded from coverage and may elect to be included in coverage:
- The manager is not engaged in the ordinary duties of a worker for the LLC and does not receive any pay for those duties.
- The manager is engaged primarily in household employment for the LLC.
- Manager who either:
• owns 10% or more of the LLC.
• owns less than 10% of the LLC, if the manager’s ownership when aggregated with the ownership by person or person(s), as referenced in #4 (of this “LLC list”), totals 10% or more ownership of the LLC.
- Manager who is the spouse, child, adopted child, stepchild, mother, father, son-in-law, daughter-in-law, nephew, niece, brother or sister of the LLC who fulfills either criterion in #3 of the “LLCs list”.
Member-managed Limited Liability Companies (LLCs): Members, including working members, are excluded from coverage and may elect to be included in coverage.