Montana Musicians May Be Excluded from Workers’ Compensation

Staff Writer, April 17, 2009

In 2005, the Montana Department of Labor created a law that required all live musicians to be covered with workers’ compensation by the restaurants or clubs in which they played. Though the intention was to provide a greater amount of protection for the state’s musicians, many complained that it was hurting their ability to get gigs.

Many musicians approached state Senate members to explain that restaurant and bar owners were not willing to pay the extra price of workers’ compensation, on top of the appearance fees that they already had to pay to the musicians themselves. They complained about a lack of jobs and the difficulty of finding venues where they could play.

Fortunately, the Senate members listened to their pleas. On Wednesday, they gave approval to a plan that would make musicians exempt from workers’ compensation requirements. Some lawmakers are concerned that when a musician becomes injured or ill during a performance, the liability issues will become sticky without clear workers’ compensation regulations.

However, with preliminary approval in the Senate and approval from the House, the bill is expected to pass.