Employers must provide workers' compensation insurance defined in the Montana Workers' Compensation and Occupational Disease Acts. Insurance may be purchased from insurers that are authorized in Montana, and have workers' compensation included in their authority. Or, the department may grant an employer the ability to self-insure its workers' compensation liabilities if it has the requisite financial ability to pay workers' compensation indemnity and medical benefits.
New legislative changes effective July 1, 2015.
The Montana Legislature passed HB538 effective July 1, 2015. HB538 is intended to reduce requirements to cover all employees in both states and clarify where claims will be filed when Montana employers send Montana employees to work solely in North Dakota.
HB538 excludes from the Montana coverage requirement Montana employees who work solely in North Dakota, are required to be covered in North Dakota and are covered under a North Dakota policy. This exclusion is effective for as long as the Montana employee works solely in North Dakota and is covered under a North Dakota policy. “Work solely in North Dakota” means the employee does not perform job duties in Montana and coverage is required by the state of North Dakota. Travel that is commuting to and from a job site in North Dakota from a location in Montana does not constitute performing job duties in Montana even if the employer pays for all or a portion of the costs of travel or if the work is paid for the travel time. The Montana workers’ compensation insurer may require proof of coverage in North Dakota and records of work in North Dakota.
If an employee is injured while working solely in North Dakota and meets the provisions in HB538, the employee’s claim should be filed in North Dakota under the North Dakota policy. If an employee files a claim in Montana while working solely in North Dakota and the provisions of HB538 are met, the Montana insurer may deny the claim.
Enclosed are copies of the Employment Verification Form for Montana Employees Working Solely in North Dakota and supporting information document. You may obtain an electronic copy of the Employment Verification form and from our website at http://erd.dli.mt.gov/work-comp-regulations/insurance-compliance/forms.
Workers' Compensation Regulation Bureau
Employment Relations Division
PO Box 8011
Helena, MT 59604-8011