Worker's Compensation Insurance Rules in Montana Cause a ...

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Workmen's Compensation insurance has gotten out of hand over the last few decades, many businesses cannot support those costs. Meanwhile workers want raises but the business person cannot pay anymore due to all the costs associated with worker's comp. Worse, in some states the laws have changed and now the insurance companies are auditing the books of businesses and asking for money from previous quarters, sometimes into previous years.

So, here we are in the middle of a recession and an insurance company is demanding back-payments due to state law changes, and if you cannot pay as a business, they sue you and they cancel your workmen's compensation insurance, which by law you must have, effectively putting you out of business and forcing your entire workforce, all the employees in your company out of business. So much for helping small business and saving jobs during a recession.

This has happened in a number of states, but perhaps the most interesting rec ent challenge has been in Montana, where wages are already low and jobs during the recession scarce. In Montana, there was a law passed in 2005 that said; "Every Employee must have worker's compensation insurance."

Most would say this is a good law, as it also covers "casual labor" and migrant labor in case of a work-related accident. If employers didn't have insurance for these people too, then the state medical services would probably have to pick up the tab.

Unfortunately, now the insurance companies and the state seem to think that self-employed business owners who do not work at a physical business location must pay on themselves, as well as any independent contractors. This severely impacts family farmers who have already been cut to shreds over the years competing with corporate farms.

In a place like Montana, where agriculture is the largest industry, this is serious business. Some of the back assessments and fines have been 10s of $ 1000s and many businesses just cannot pay that much and still stay in business. The State of Montana says it is trying to educate everyone as to how the law works, but most businesses say; "the law doesn't work and doesn't make any sense." Think on this.

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