MontanaHB 42869th Legislature, Regular Session (2025)HouseWALLET

Revising provisions related to workers compensation

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

New workers' comp surcharges and deadlines

The state funds workers' comp administration with assessments and surcharges tied to paid losses. Plan 1 self‑insured employers pay up to 4% of last year's paid losses, due July 1 or in two parts on July 1 and December 31. Plan 2 and Plan 3 policies include a separate surcharge set each year by April 30 for policies on or after July 1. Insurers must send collected surcharges within 20 days after each calendar quarter, and short employer payments are applied to the surcharge first. Late payments bring a $500 fine plus 12% yearly interest. First‑time Plan 1 approval requires a $500 fee within 15 days. Insurers that paid benefits last year but will not collect premium next year must pay up to 4% by July 1, after April 30 notice. The department can charge uninsured employers that fail to carry coverage. Only the first $200,000 of medical benefits per injury counts toward the assessment base.

New employer rules for temps and contractors

Temporary service contractors are the employer for temporary workers for premiums and loss history. If you use a worker from another company (not a temp service), you are presumed the employer. That presumption is overcome only if the supplier kept full control and had Montana workers' comp insurance the whole time. Motor carriers with a Montana place of business are the employer for workers in Montana, unless the worker is a certified independent contractor or the supplier had Montana coverage throughout. If a qualifying fiscal agent is the designated payor, the fiscal agent is the employer, not the client. Some religious groups are treated as employers when they get pay from nonmembers for members' manufacturing, construction, or off‑property farm work. This applies only for workers' comp administration.

Standard medical form for injured workers

The department creates a standard medical status form for work injuries and diseases. Your treating doctor, or a designee, fills it out after every office visit. The form lists your diagnosis, body part, treatment plan, medicines, time off work, work limits, release dates, expected maximum recovery date, and next appointment. Insurers may ask for more information if needed.

Premium help for work-based learning programs

The department can use the workers' comp fund to reimburse premiums for high‑quality work‑based learning programs. Programs must meet the state's high‑quality definition, and payment depends on available funding.

Sponsors & Cosponsors

Sponsor

Morgan Thiel
Republican • House

Cosponsors

Gregg Hunter
Republican • Senate
Josh Kassmier
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 294 • No: 1

House vote • 4/11/2025

Do Concur

Yes: 47 • No: 1

House vote • 4/10/2025

Do Concur

Yes: 48 • No: 0

House vote • 2/25/2025

Do Pass

Yes: 100 • No: 0

House vote • 2/24/2025