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Are all Montana employees entitled to workers' compensation?


In general, under Montana's Workers' Compensation Act, employers are required to provide employees with workers' compensation benefits if the employee meets the requirements for benefits. However, while any employer can elect to provide employees with workers' compensation benefits there are numerous exceptions under Montana law in which they are not required to do so.

One exception in which the Workers' Compensation Act will not apply is for household or domestic employees. Casual employees are also not covered. If a worker works in the insurance industry, securities industry or real estate industry and receives payment solely by the commission they earn without any guarantee of minimum earnings, then the worker is not covered by the Workers' Compensation Act. In addition, the Workers' Compensation Act doesn't cover direct sellers as defined by federal code.

Workers who for whom federal law has rules of liability will apply should the worker become injured or suffer from an occupational disease will not be covered by the Montana Workers' Compensation Act. In addition, the Workers' Compensation Act will not cover employees works for a railroad in the business of interstate commerce, except for railroad construction work. Employees who word as judges, umpires, referees, or timers at an amateur sporting event are also not covered by the Workers' Compensation Act. In certain situations, freelance correspondents and newspaper carriers may also not be covered by the Workers' Compensation Act. There are also exemptions for managers in certain situations.

These are only a few exceptions to the Workers' Compensation Act. There are actually numerous others not covered by this post. Therefore, those who have been injured at work and have questions about whether or not they can seek workers' compensation benefits may want to seek the advice of an attorney.

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