39-71-411. Provisions of chapter exclusive remedy -- nonliability of insured employer. For all employments covered under the Workers' Compensation Act or for which an election has been made for coverage under this chapter, the provisions of this chapter are exclusive. Except as provided in part 5 of this chapter for uninsured employers and except as otherwise provided in the Workers' Compensation Act, an employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the Workers' Compensation Act or for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of the injuries or death. The Workers' Compensation Act binds the employee and, in case of death, binds the employee's personal representative and all persons having any right or claim to compensation for the employee's injury or death, as well as the employer and the servants and employees of the employer and those conducting the employer's business during liquidation, bankruptcy, or insolvency.
History: En. 92-204.1 by Sec. 1, Ch. 493, L. 1973; amd. Sec. 2, Ch. 550, L. 1977; R.C.M. 1947, 92-204.1(part); amd. Sec. 1, Ch. 329, L. 1979; amd. Sec. 61, Ch. 397, L. 1979; amd. Sec. 1543, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 71. Workers' Compensation
Part 4. Coverage, Liability, and Subrogation
39-71-401. Employments covered and exemptions -- elections -- notice
39-71-405. Liability of employer who contracts work out
39-71-406. Deduction from wages of any part of premium a misdemeanor
39-71-407. Liability of insurers -- limitations
39-71-408. Liability as first lien in case of bankruptcy or failure
39-71-409. Waivers by employee invalid
39-71-411. Provisions of chapter exclusive remedy -- nonliability of insured employer
39-71-415. Procedure for resolving disputes regarding independent contractor status
39-71-417. Independent contractor certification
39-71-418. Suspension or revocation of independent contractor exemption certificate
39-71-419. Independent contractor violations -- penalty
39-71-421. Financial incentives to institute safety programs
39-71-422. through 39-71-425 reserved
39-71-429. and 39-71-430 reserved
39-71-433. Group purchase of workers' compensation insurance
39-71-434. Deductible insurance policy provision for medical benefits
39-71-435. Workers' compensation and employers' liability insurance -- optional deductibles
39-71-436. through 39-71-440 reserved