Restaurant Workers' Comp in Montana
What Montana requires of restaurants and bars for workers' compensation — when it kicks in, who's exempt, and what it costs.
Reviewed by J. Robert Smith, Licensed Insurance Agent (NPN 10378680). Last updated .
Yes. Montana requires workers' compensation coverage for virtually every restaurant with even one employee, including part-time and seasonal staff. The Workers' Compensation Act applies to all employers and employees unless a specific exemption applies. Sole proprietors, partners, and LLC members are exempt but may elect coverage, and independent contractors need an exemption certificate.
- Required?
- Yes
- Kicks in at
- 1 or more employees. Montana Code 39-71-401 applies the Act to all employers and employees, so coverage is triggered by the first hire.
- Restaurant rate
- NCCI 9082 (restaurant/table service) approx. $1.20–$2.20 per $100 payroll; 9083 (fast food/limited service) approx. $1.40–$2.50. Low-to-moderate hazard tier. Approximate, industry tier.
- Market
- Competitive market: private insurers compete alongside Montana State Fund, the state's largest writer and insurer of last resort, which must cover any employer that requests it.
Is workers’ comp required for a restaurant in Montana?
Montana requires workers' compensation once you reach 1 or more employees. Montana Code 39-71-401 applies the Act to all employers and employees, so coverage is triggered by the first hire.. Household/domestic and casual employment; sole proprietors, partners, and LLC members (unless they elect coverage); commission-only real estate, securities, and insurance salespeople; dependent family members and qualifying spouses; ministers; and independent contractors holding a valid Independent Contractor Exemption Certificate (ICEC).
What restaurant workers’ comp costs in Montana
The restaurant class-code rate in Montana is NCCI 9082 (restaurant/table service) approx. $1.20–$2.20 per $100 payroll; 9083 (fast food/limited service) approx. $1.40–$2.50. Low-to-moderate hazard tier. Approximate, industry tier.. Your premium is that rate applied per $100 of payroll and adjusted by your experience modifier, so it scales with how many people you employ and your claims history. Competitive market: private insurers compete alongside Montana State Fund, the state's largest writer and insurer of last resort, which must cover any employer that requests it.
What owners in Montana miss
- Montana has one of the strictest triggers in the nation: the Act applies from the very first employee, so even a two-person cafe must carry coverage.
- Montana State Fund is a competitive (not monopolistic) fund and is the state's largest workers' comp writer and guaranteed insurer of last resort.
- An owner who wants to treat a worker as an independent contractor must ensure that person holds a state-issued ICEC (which carries a $125 fee); otherwise the worker is presumed a covered employee.
- Employers who fail to file the proper election-of-coverage forms can be treated as having elected State Fund coverage and billed premiums.
Sources
- Montana Legislature (Montana Code Annotated): 39-71-401 MCA — Employments covered and employments exemptedprimaryretrieved 2026-07-27
- Montana Dept. of Labor & Industry, Employment Relations Division: Independent Contractor Exemption Certificatesprimaryretrieved 2026-07-27
- OnPay: Montana Workers' Compensation Insurance Guideindustryretrieved 2026-07-27
Cost examples are illustrative national figures gathered from public filings and industry surveys. They are not quotes. Your actual premium depends on your state, carrier, revenue, payroll, location, and coverage selections. Restaurant Insurance Authority is an insurance marketing and referral service, not an insurer or licensed agency. We connect business owners with licensed independent commercial-lines agents who specialize in food and beverage. Questions? Call (855) 480-1410.
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