Becoming an Independent Contractor
A worker must be:
- Free from control or direction from hiring agent.
- Engaged in their own independently established business, occupation, trade, or profession.
- Covered under a self-elected workers' compensation insurance policy or obtain an Independent Contractor Exemption Certificate (ICEC).
How to obtain an ICEC:
- Read, complete, and submit the entire original and notarized application and waiver form with a non-refundable $125 fee to the Department.
- Submit business documentation with your completed application that demonstrates you have an established business for each occupation listed on you application.
Independent contractors can be fined up to $1,000 per violation for:
- Performing work without an ICEC;
- Performing work with a revoked or suspended ICEC;
- Transferring their ICEC to another person; or
- Misrepresentation of the independent contractor status.
When Hiring an Independent Contractor
Make sure you:
- Do not control the method and means of how they perform their work, i.e., providing equipment and training.
- Have a written contract that states what is to be performed, materials used, start and completion dates, payment based on completed project, and liability for failure to complete the project.
- Obtain references and check them out to ensure they are experts in their field of work.
- Check periodically to confirm that they have a valid ICEC or WC insurance on themselves.
- Ask for proof of their ICEC and verify it is in good standing by searching on our website or calling our office at (406) 444-9029.
Hiring agent can be fined up to $1,000 per violation for:
- Exercising control to create an employee/employer relationship; or
- Requiring an employee to assume an independent contractor status.
Administrative Rules of Montana
Independent Contractor Rules 24.35.101 - 24.35.303
Montana Code Annotated
Workers' Compensation Laws 39.71.401 - 39.71.441
Registration Section | Contact Information
Please choose a contact from this section if you have questions or concerns regarding the Independent Contractor Exemption Certificate or Construction Contractor Registration applications.
PO Box 8011
Helena, MT 59604
Physical Location (for overnight mailing with FED-EX or UPS and walk-in customers, same day processing not guaranteed):
1805 Prospect Ave (2nd floor east side)
Helena, MT 59601
Inspection Section | Contact Information
Please choose a contact from this section if you have questions or complaints regarding compliance of the Independent Contractor Exemption Certificate or Construction Contractor Registration programs.
Supervisor | Program Manager - Dallas Cox: (406) 444-9586