Montana workers’ comp and subcontractor insurance requirements
What general contractors, property managers and other businesses hiring subcontractors in Montana need to know: who has to carry workers’ comp, when you’re on the hook for an uninsured sub, and what to collect before work starts.
Montana at a glance
| Who must carry workers’ comp | Employers with 1 or more employees. |
|---|---|
| Where coverage comes from | Private insurers, plus self-insurance where approved |
| Regulator | Montana Employment Relations Division |
Are you liable for an uninsured sub in Montana?
Many states make a hiring contractor responsible for an uninsured subcontractor’s injured workers. Ask the Montana Employment Relations Division or an attorney how that works in Montana.
Separately, your own workers’ comp premium auditor may charge you for an uninsured sub’s payroll. Collecting a current certificate for every sub is the simplest protection. See workers’ comp audits and uninsured subcontractors, or estimate the cost with the workers’ comp audit calculator.
Montana-specific things to know
- Sole proprietors who work as independent contractors can apply for an Independent Contractor Exemption Certificate (ICEC). Collect a copy instead of a workers’ comp certificate.
What to collect from subcontractors in Montana
- A certificate of insurance, usually an ACORD 25, showing GL, auto, umbrella and workers’ comp.
- Exemption paperwork for sole proprietors or officers who claim they don’t need workers’ comp under Montana rules.
- Additional insured and waiver of subrogation endorsements for higher-risk trades. See waiver of subrogation on workers’ comp.
- A renewal certificate before each policy expires. See COI expiration.
Common contract minimums
These aren’t set by Montana law. They’re typical subcontract requirements that you can adjust by trade and project size.
| Coverage | Typical minimum |
|---|---|
| General liability | $1M each occurrence / $2M aggregate, additional insured, primary and non-contributory |
| Auto liability | $1M combined single limit |
| Umbrella / excess | $1M–$5M+, by trade risk and project size |
| Workers’ comp / employers’ liability | Statutory / $500K–$1M each, waiver of subrogation |
Generate requirements by trade with the subcontractor insurance requirements generator.
Frequently asked questions
Is workers’ comp required in Montana?
Employers with 1 or more employees. Confirm details with the Montana Employment Relations Division.
Is a general contractor liable for an uninsured subcontractor in Montana?
Many states make a hiring contractor responsible for an uninsured sub’s injured workers, and your workers’ comp auditor may also charge you for that sub’s payroll. Ask the Montana Employment Relations Division or an attorney how Montana handles it.
What insurance should I require from subcontractors in Montana?
State law sets workers’ comp rules; your contract sets everything else. Common minimums are general liability of $1M per occurrence and $2M aggregate, auto liability of $1M, workers’ comp with employers’ liability of $500K–$1M, and additional insured status and waiver of subrogation in your favor.
General information, not legal or insurance advice. Last reviewed October 2026. Rules change, so confirm with the Montana Employment Relations Division or a licensed professional.
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