All West Virginia employers are legally obligated to maintain Workers' Compensation coverage for their employees. There are a few exceptions, such as an agricultural employer with fewer than five workers and a casual employer with fewer than three workers. Independent contractors are not required to be covered.
WV Workers' Comp: Key Details
- Sole proprietors, partners, LLC members, and corporate officers in West Virginia are all included in their Workers' Comp coverage, but can elect to be excluded.
- The following employers are exempt from compulsory coverage:
- An employer of domestic services.
- An employer of five or fewer full-time employees in agricultural services.
- A casual employer.
- An employer who is a church.
- An employer who is engaged in organized professional sports activities. However, coverage must be provided for employees who do not participate in sporting activities, but help run the business.
- A volunteer rescue squad or volunteer police auxiliary unit organized under the auspices of a county commission, municipality or other government entity or political subdivision.
- A volunteer organization created or sponsored by a government entity, political subdivision, or area or regional emergency medical service board of directors.
- An employer whose employees are covered for benefits under the federal Longshoremen's and Harbor Workers' Compensation Act.
- Though West Virginia once had a monopolistic state Workers' Comp fund, that fund has been converted to a competitive carrier now known as BrickStreet Mutual Insurance Company.
- You can purchase insurance through a commercial carrier or self-insure if your business is approved.
Need more information about your Workers' Comp needs? Check out West Virginia's Offices of the Insurance Commissioner.