The Montana workers compensation act — formally the Montana Workers’ Compensation Act (short title, § 39-71-101, MCA), found at Montana Code Annotated Title 39, Chapter 71 (§ 39-71-101 et seq.) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Montana workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Montana at a Glance
| Official name | Workers’ Compensation Act (short title, § 39-71-101, MCA) |
| Where it lives | Montana Code Annotated Title 39, Chapter 71 (§ 39-71-101 et seq.) |
| First enacted | 1915 |
| Reporting deadline | 30 days after the accident. Notice of the time, place and nature of the injury must go to the employer or its insurer (§ 39-71-603, MCA). |
| Filing deadline | A written claim is due within 12 months of the accident (§ 39-71-601, MCA). The insurer may waive the deadline for up to an additional 24 months if the worker reasonably shows lack of knowledge of the disability, a latent injury or equitable estoppel. |
| Exclusive remedy | § 39-71-411, MCA. An insured employer is not liable outside the Act. The main exception is § 39-71-413, MCA: a worker may sue for an intentional injury, meaning one caused by an intentional and deliberate act specifically and actually intended to injure the worker, proven by clear and convincing evidence. |
| Recent amendments | All from the 2025 session (69th Legislature). HB 143 adds physician assistants to the definition of “treating physician” (§§ 39-71-116 and 39-71-711), effective April 17, 2025. HB 197 lets insurers end TTD benefits when a worker is released to full duty on or before reaching maximum medical improvement (§ 39-71-609), effective July 1, 2025. HB 367 revises coverage for workers traveling for work (§ 39-71-407), effective October 1, 2025. HB 428 revises the “employer” definition, including religious corporations, plus insurer reporting and medical status forms (§§ 39-71-117, -201, -306, -1036), effective October 1, 2025. |
In This Montana Guide:
What the Montana Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Montana workers compensation act dates to 1915. It lives at Montana Code Annotated Title 39, Chapter 71 (§ 39-71-101 et seq.), and the official text is linked in the sources.
Montana uses a three-plan system for coverage: Plan No. 1 self-insurance, Plan No. 2 private insurers, and Plan No. 3 the state-run Montana State Fund. Independent contractors can get a state exemption certificate (§ 39-71-417, MCA). The Uninsured Employers’ Fund pays benefits to injured workers whose employers had no coverage (§ 39-71-501 et seq., MCA). Montana also has a separate Workers’ Compensation Court that handles disputed claims.
Many claimants may be entitled to benefits under these provisions. Confirm details with the Montana Department of Labor & Industry and a licensed attorney.
Who the Montana Workers Compensation Act Covers
§ 39-71-401, MCA. Covers employers with one or more employees, apart from the listed exemptions. Under the compensation-plan sections in Part 21, an employer must carry coverage through Plan No. 1 (self-insured), Plan No. 2 (private insurer) or Plan No. 3 (Montana State Fund). § 39-71-401(2), MCA.
Lists exempt employment, including certain household and casual workers, some sole proprietors, partners and corporate officers, and independent contractors who hold an exemption certificate under § 39-71-417.
Deadlines in the Montana Workers Compensation Act
Waiting period: § 39-71-736, MCA. No wage-loss benefits for the first 32 hours or 4 days of lost wages, whichever is less. If total disability lasts 21 days or longer, benefits are paid back to the first day of wage loss. Medical benefits start on the date of injury.. Wage-loss rate: § 39-71-701, MCA.
Temporary total disability pays 66 2/3% of the worker’s wages, capped at the state average weekly wage. The cap changes every year, so check the current figure with the Montana Department of Labor & Industry..
Montana Workers Compensation Act: Key Sections at a Glance
The sections of the Montana workers compensation act that decide most cases, each with its citation:
| Coverage mandate | § 39-71-401, MCA. Covers employers with one or more employees, apart from the listed exemptions. Under the compensation-plan sections in Part 21, an employer must carry coverage through Plan No. 1 (self-insured), Plan No. 2 (private insurer) or Plan No. 3 (Montana State Fund). |
| Exemptions | § 39-71-401(2), MCA. Lists exempt employment, including certain household and casual workers, some sole proprietors, partners and corporate officers, and independent contractors who hold an exemption certificate under § 39-71-417. |
| Report an injury | 30 days after the accident. Notice of the time, place and nature of the injury must go to the employer or its insurer (§ 39-71-603, MCA). |
| File a claim | A written claim is due within 12 months of the accident (§ 39-71-601, MCA). The insurer may waive the deadline for up to an additional 24 months if the worker reasonably shows lack of knowledge of the disability, a latent injury or equitable estoppel. |
| Waiting period | § 39-71-736, MCA. No wage-loss benefits for the first 32 hours or 4 days of lost wages, whichever is less. If total disability lasts 21 days or longer, benefits are paid back to the first day of wage loss. Medical benefits start on the date of injury. |
| Wage-loss rate | § 39-71-701, MCA. Temporary total disability pays 66 2/3% of the worker’s wages, capped at the state average weekly wage. The cap changes every year, so check the current figure with the Montana Department of Labor & Industry. |
| Exclusive remedy | § 39-71-411, MCA. An insured employer is not liable outside the Act. The main exception is § 39-71-413, MCA: a worker may sue for an intentional injury, meaning one caused by an intentional and deliberate act specifically and actually intended to injure the worker, proven by clear and convincing evidence. |
| Retaliation | § 39-71-317, MCA. An employer may not use the filing of a claim as grounds for firing a worker. A wrongful-termination claim goes to district court. A worker who can return to work within 2 years of the injury and has a medical release gets a preference for a comparable vacant position, and the Workers’ Compensation Court decides disputes over that preference. |
| Uninsured employer penalty | § 39-71-504, MCA. The penalty is up to double the premium the employer would have paid under Plan No. 3 for uninsured periods within the past 3 years, or 200, whichever is greater. There is an extra 200 penalty if the employer doesn’t get coverage within 30 days of notice, and the employer must repay all benefits the Uninsured Employers’ Fund pays out. Unpaid amounts can become a lien (§ 39-71-506, MCA). |
| Who hears disputes | Most benefit disputes must first go to mandatory mediation through the Department of Labor & Industry (§ 39-71-2401 et seq., MCA). If mediation doesn’t settle it, the Montana Workers’ Compensation Court decides (§ 39-71-2901 et seq., MCA), and appeals go to the Montana Supreme Court. |
The Exclusive-Remedy Bargain in the Montana Workers Compensation Act
§ 39-71-411, MCA. An insured employer is not liable outside the Act. The main exception is § 39-71-413, MCA: a worker may sue for an intentional injury, meaning one caused by an intentional and deliberate act specifically and actually intended to injure the worker, proven by clear and convincing evidence.
Retaliation and Penalties Under the Montana Workers Compensation Act
§ 39-71-317, MCA. An employer may not use the filing of a claim as grounds for firing a worker. A wrongful-termination claim goes to district court. A worker who can return to work within 2 years of the injury and has a medical release gets a preference for a comparable vacant position, and the Workers’ Compensation Court decides disputes over that preference. § 39-71-504, MCA.
The penalty is up to double the premium the employer would have paid under Plan No. 3 for uninsured periods within the past 3 years, or 200, whichever is greater. There is an extra 200 penalty if the employer doesn’t get coverage within 30 days of notice, and the employer must repay all benefits the Uninsured Employers’ Fund pays out. Unpaid amounts can become a lien (§ 39-71-506, MCA).
Most benefit disputes must first go to mandatory mediation through the Department of Labor & Industry (§ 39-71-2401 et seq., MCA). If mediation doesn’t settle it, the Montana Workers’ Compensation Court decides (§ 39-71-2901 et seq., MCA), and appeals go to the Montana Supreme Court.
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Recent Amendments to the Montana Workers Compensation Act
All from the 2025 session (69th Legislature). HB 143 adds physician assistants to the definition of “treating physician” (§§ 39-71-116 and 39-71-711), effective April 17, 2025. HB 197 lets insurers end TTD benefits when a worker is released to full duty on or before reaching maximum medical improvement (§ 39-71-609), effective July 1, 2025. HB 367 revises coverage for workers traveling for work (§ 39-71-407), effective October 1, 2025.
HB 428 revises the “employer” definition, including religious corporations, plus insurer reporting and medical status forms (§§ 39-71-117, -201, -306, -1036), effective October 1, 2025.
How to Read the Montana Workers Compensation Act
Statute pages are written for lawyers, so read the Montana workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Montana workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Montana claim guide turns these sections into steps and dates, and the Montana requirements guide covers the employer side.
Frequently Asked Questions
Where is the Montana workers compensation act in the code?
Montana Code Annotated Title 39, Chapter 71 (§ 39-71-101 et seq.). The sources below link to the official text.
How long do I have to report a work injury under the Montana act?
30 days after the accident. Notice of the time, place and nature of the injury must go to the employer or its insurer (§ 39-71-603, MCA).. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Montana workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Montana Sources & Resources
- Montana Montana Department of Labor & Industry, Employment Relations Division (Workers’ Compensation). Disputed claims go to the separate Montana Workers’ Compensation Court.: https://erd.dli.mt.gov/work-comp-regulations/
- Montana Workers’ Comp Statute: https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/parts_index.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Montana workers compensation act guide was last verified against official Montana sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.