Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 5. Uninsured Employers
Montana Code Annotated

Mont. Code Ann. § 39-71-515 (2026)

Independent Cause Of Action

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 5
  5. 39-71-515 Independent cause of action

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 5. Uninsured Employers

Independent Cause Of Action

39-71-515. Independent cause of action. (1) An injured employee or the employee's beneficiaries have an independent cause of action against an uninsured employer for failure to be enrolled in a compensation plan as required by this chapter.

(2) In an action described in subsection (1), prima facie liability of the uninsured employer exists if the claimant proves, by a preponderance of the evidence, that:

(a) the employer was required by law to be enrolled under compensation plan No. 1, 2, or 3 with respect to the claimant; and

(b) the employer was not enrolled on the date of the injury or death.

(3) It is not a defense to an action that the employee had knowledge of or consented to the employer's failure to carry insurance or that the employee was negligent in permitting the failure to exist.

(4) The amount of recoverable damages in an action is the amount of compensation that the employee would have received had the employer been properly enrolled under compensation plan No. 1, 2, or 3.

(5) A plaintiff who prevails in an action brought under this section is entitled to recover reasonable costs and attorney fees incurred in the action, in addition to damages.

History: En. Sec. 6, Ch. 601, L. 1985; amd. Sec. 1546, Ch. 56, L. 2009.

Notes of Decisions
Cited in 15 cases, 1986–2009 · leading case: Olson v. Daughenbaugh, 2001 MT 284 (Mont. 2001).
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Olson v. Daughenbaugh, 2001 MT 284 (Mont. 2001). · cites it 36× “¶2 The following issue is presented on appeal: ¶3 Does § 39-71-515, MCA, permit an injured employee of an uninsured employer to collect from the employer the amount of compensation the employee would have received had the employer been properly insured if the employee has…”
CNA Ins. Companies v. Dunn, 902 P.2d 1014 (Mont. 1995). · cites it 18× “Therefore, on February 16,1994, Dunn filed an independent action against Big Truck in Powell County District Court pursuant to § 39-71-515, MCA. Among other allegations, Dunn alleged that he was an employee of Big Truck when, on August 17, 1993, he suffered an industrial injury…”
Barthule v. Karman, 886 P.2d 971 (Mont. 1994). · cites it 9× “Section 39-71-515, MCA. Section 39-71-516, MCA, provides that an independent cause of action under § 39-71-515, MCA, must be brought in the district court in the district where the claimant resides or the alleged violation occurred.”
Boehm v. Alanon Club, 722 P.2d 1160 (Mont. 1986). · cites it 11× “Subsequent to appellant’s accident, the legislature amended Section 39-71-508, MCA, and enacted Section 39-71-515, MCA, to close a gap that existed earlier.”
Zempel v. Uninsured Employers' Fund, 938 P.2d 658 (Mont. 1997). · cites it 4× “Specifically, he points out that he is denied access to the Workers' Compensation Court because his employer, Schall, is not subject to the Act and that he is precluded from bringing an independent cause of action under § 39-71-515, MCA (1991), because Schall is not an uninsured…”
Gonzales v. Walchuk, 2002 MT 262 (Mont. 2002). · cites it 2× “Gonzales explained by brief that she proposed to amend her Complaint not only by seeking to enjoin the Telephone Company, but by adding a claim of fraud against the Respondents and by including an independent cause of action for failure of her employers to enroll in the workers’…”
Bohmer v. Uninsured Employers' Fund, 880 P.2d 816 (Mont. 1994). · cites it 20× “Bohmer subsequently filed an independent cause of action in the Eleventh Judicial District Court, Flathead County, pursuant — insofar as is relevant here — to § 39-71-515, MCA, which provides for an action against an employer not enrolled in a workers’ compensation plan as…”
Buerkley v. Aspen Meadows Ltd. P'ship, 1999 MT 97 (Mont. 1999). · cites it 3× “¶15 Section 39-71-515, MCA(1993), provides in relevant part that: (1) An injured employee or the employee’s beneficiaries have an independent cause of action against an uninsured employer for failure to be enrolled in a compensation plan as required by this chapter.”
Clarke v. Massey, 897 P.2d 1085 (Mont. 1995). “Prior to that decision, however, in January 1991, Clarke filed an action against Massey in District Court in Missoula County seeking damages, attorney fees and costs under §§ 39-71-515 and 516, MCA. In that action, Clarke contended, among other things, that he was entitled to an…”
Waldo v. Montana Dep't of Labor & Indus. Uninsured Employers Fund (In Re Waldo), 186 B.R. 118 (Bankr. D. Mont. 1995). · cites it 2× “Mont.Code Ann. § 39-71-515. Additionally, the UEF’s claims are subject to statutory limitations not imposed upon claims an injured employee might choose to pursue.”
Neustrom v. State, Dep't of Labor & Indus., 939 P.2d 990 (Mont. 1997). · cites it 21× “Section 39-71-515, MCA, provides for an independent cause of action against an employer for failure to be enrolled in one of the three workers’ compensation plans required by Montana law.”
Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368 (Mont. 2009). · cites it 3× “Section 39-71-515, MCA. Workers’ *283 compensation provides the sole remedy for injured workers.”
Show all 15 citing cases →
— Mont. Code Ann. § 39-71-515(1) — 2 cases
CNA Ins. Companies v. Dunn, 902 P.2d 1014 (Mont. 1995). “Therefore, on February 16,1994, Dunn filed an independent action against Big Truck in Powell County District Court pursuant to § 39-71-515, MCA. Among other allegations, Dunn alleged that he was an employee of Big Truck when, on August 17, 1993, he suffered an industrial injury…”
Neustrom v. State, Dep't of Labor & Indus., 939 P.2d 990 (Mont. 1997). “Section 39-71-515, MCA, provides for an independent cause of action against an employer for failure to be enrolled in one of the three workers’ compensation plans required by Montana law.”
— Mont. Code Ann. § 39-71-515(2) — 4 cases
Barthule v. Karman, 886 P.2d 971 (Mont. 1994). “Section 39-71-515, MCA. Section 39-71-516, MCA, provides that an independent cause of action under § 39-71-515, MCA, must be brought in the district court in the district where the claimant resides or the alleged violation occurred.”
CNA Ins. Companies v. Dunn, 902 P.2d 1014 (Mont. 1995). “Therefore, on February 16,1994, Dunn filed an independent action against Big Truck in Powell County District Court pursuant to § 39-71-515, MCA. Among other allegations, Dunn alleged that he was an employee of Big Truck when, on August 17, 1993, he suffered an industrial injury…”
Bohmer v. Uninsured Employers' Fund, 880 P.2d 816 (Mont. 1994). “Bohmer subsequently filed an independent cause of action in the Eleventh Judicial District Court, Flathead County, pursuant — insofar as is relevant here — to § 39-71-515, MCA, which provides for an action against an employer not enrolled in a workers’ compensation plan as…”
Neustrom v. State, Dep't of Labor & Indus., 939 P.2d 990 (Mont. 1997). “Section 39-71-515, MCA, provides for an independent cause of action against an employer for failure to be enrolled in one of the three workers’ compensation plans required by Montana law.”
— Mont. Code Ann. § 39-71-515(4) — 2 cases
Bohmer v. Uninsured Employers' Fund, 880 P.2d 816 (Mont. 1994). “Bohmer subsequently filed an independent cause of action in the Eleventh Judicial District Court, Flathead County, pursuant — insofar as is relevant here — to § 39-71-515, MCA, which provides for an action against an employer not enrolled in a workers’ compensation plan as…”
Neustrom v. State, Dep't of Labor & Indus., 939 P.2d 990 (Mont. 1997). “Section 39-71-515, MCA, provides for an independent cause of action against an employer for failure to be enrolled in one of the three workers’ compensation plans required by Montana law.”
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