In almost every state, employers are required to participate in some sort of workers’ compensation program designed to protect employees who suffer injuries due to their working conditions. In Montana, almost all employees are covered, including part-time workers and seasonal workers, volunteers, and even some independent contractors. However, there are a few exceptions, although the guidelines may differ between states.
Who Is Not Covered by Workers’ Compensation?
Unless your employer has volunteered to elect in an insurance program, domestic workers such as nannies and maids are exempt, along with those performing casual labor for a private party. Family-owned businesses are also generally not required to carry coverage for their spouse, children, or other dependents who work for the company, unless their employer decides to purchase a private insurance policy.
In most cases, the owners of a company, including partners and managing members of an LLC, are also not covered by workers’ comp, unless they have elected to extend their coverage. In most cases, managers and officers of the company are also excluded, although they may be able to file a claim if they were hurt performing the normal duties of a worker.
Many other professionals are specifically excluded, including most cosmetologists, employees of tribal organizations, and horse jockeys and trainers. Most workers in every field who have applied for and received an independent contractor waiver also cannot seek workers’ compensation benefits. Any contractors hurt because of their working conditions will have to prove negligence on the part of their employer and file a personal injury claim.
If you’re not sure whether you qualify for workers’ compensation benefits or your claim has been denied, turn to the legal professionals at Bothe And Lauridsen. As northwest Montana’s premier workers’ compensation law firm, they possess an in-depth understanding of the law and over a century of combined legal experience, which they’ll use to help you get the benefits you deserve. Visit the website to learn more about their workers’ compensation service, or call (406) 892-2193 to schedule a free consultation.