In Montana, whether a business owner or corporate officer is covered by workers' compensation — and whether they can change that — depends on the entity type and Montana's own rules. Getting the election right affects both your protection and your premium. Here is how inclusion and exclusion work in Montana, the form or filing to use, and what it means for your policy.
Who must carry workers' compensation in Montana?
Every employer with one or more employees must carry coverage (self-insured, private, or State Fund), subject to statutory exemptions.
Can owners and officers be included or excluded in Montana?
| Sole proprietor | Excluded; may elect in. |
|---|---|
| Partners | Excluded (member-managed-LLC working members too); may elect in. |
| LLC members | Manager-managed-LLC managers are included by default unless exempt. |
| Corporate officers | Included by default unless meeting a statutory exemption (chiefly 10%+ ownership); an exempt officer may elect in by written notice. |
How to make the election in Montana
- Our form: CWCO General Inclusion / Exclusion Form — records the election where Montana does not publish its own form.
How Montana counts an included owner
Montana sets an included owner/officer's payroll by the statutory formula (State payroll determination formulas table 1) rather than a single posted maximum. The minimum is $200 per week under Montana statute 39-71-118 (a $900 monthly minimum applies on a monthly basis). We confirm the current figure for your policy (effective 7/1/2026). Source.
Montana's assigned-risk / residual market
An employer that can't secure workers' comp in the standard market can still get covered through Montana State Fund (statutory guaranteed market — must insure any requesting employer; no separate assigned-risk pool). We market your risk to voluntary carriers first and turn to the residual market only as a last resort.
Related
Montana business insurance · Workers' compensation coverage · Montana Department of Labor & Industry, Employment Relations Division.
Frequently Asked Questions
Do business owners have to carry workers' comp on themselves in Montana?
It depends on your entity and role. Excluded; may elect in. Included by default unless meeting a statutory exemption (chiefly 10%+ ownership); an exempt officer may elect in by written notice. Employees are always covered.
How do I include or exclude an owner from workers' comp in Montana?
The right form, portal, or endorsement depends on your entity type. Montana records the election on the policy with the carrier; our general inclusion/exclusion form documents it.
What payroll is used for an included owner in Montana?
Premium is figured between a state-set minimum and maximum that changes each year; we confirm the current amount for your policy.
Can Cory Washington & Co. handle my Montana workers' comp election?
Yes. We confirm which rule applies to your entity, prepare the correct form or election, coordinate it with your carrier, and keep your workers' comp aligned with the rest of your program. Request a quote or a policy review and we'll take it from there.
This page is general educational information from Cory Washington & Co. LLC about how workers' compensation owner inclusion and exclusion works in this state. It is not legal, tax, or insurance advice and is not a determination of your eligibility or obligation. Workers' compensation laws, forms, payroll limits, and residual-market programs change and depend on your entity type, ownership, and operations. Confirm the current rules and amounts with your licensed advisor at Cory Washington & Co. LLC and the state agency before making any election.