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West Virginia workers' compensation insurance: Your guide to requirements and getting a policy
If you’re a West Virginia employer looking to protect both your business and your team, you’re in the right place. At Beyond, we provide the essential information you need to understand how workers’ compensation works and how to stay compliant.
Workers’ compensation coverage provides a financial safety net for employees who are hurt or become sick due to their job, offering medical treatment and income replacement while they recover. At the same time, it safeguards employers from potentially devastating medical expenses, legal claims, and fines that could threaten the stability of their business.
Under West Virginia law, all businesses must carry workers’ compensation insurance if they employ one or more people. This applies to:
Individuals and sole proprietors
Partnerships and limited partnerships
LLCs and corporations
Nonprofits and trusts
Joint ventures, estates, and receiverships
Government employers and associations
If you employ someone to perform work for your business, you are likely required to provide coverage.
Some types of employers may qualify for an exemption, but they must formally apply by submitting the Verification of Statutory Exemption form. Categories that might be exempt include:
Domestic workers
Small agricultural operations (five or fewer employees)
Churches and religious organizations
Professional sports employers
Volunteer EMS or rescue squads
Independent contractors (as defined under WV law)
Casual labor (fewer than three workers employed for fewer than ten days in a quarter)
Sole proprietors with no employees
West Virginia’s workers’ comp market includes more than 330 private insurance carriers offering policies. Businesses can also apply for self-insurance if they meet financial requirements, including the submission of three years of audited financials. A $2,500 fee is required for the application.
Coverage pays for treatment related to workplace injuries — ER visits, surgeries, medication, physical therapy, and rehabilitation are all included. If travel is necessary for treatment, lodging and meals may also be reimbursed.
When an injured employee is unable to return to work, wage replacement benefits help fill the financial gap. These payments may last weeks or months, depending on the extent of the injury.
For employees temporarily or permanently unable to work, disability benefits offer continued financial support. Some workers may also qualify for a lump-sum payment based on the nature of their permanent disability.
Employees exposed to hazardous substances or unsafe environments may qualify for coverage of occupational illnesses, including related long-term medical care.
If an employee dies as a result of a workplace injury, their spouse or dependents may receive up to $10,000 to cover funeral expenses. Dependents may also apply for long-term survivor benefits.
Businesses that do not maintain proper coverage risk significant penalties. These include:
A default notice publicly posted at the workplace
A misdemeanor charge and $1,000 fine for anyone who removes the notice
Fines of up to $10,000, with additional penalties for repeat violations
Legal actions such as liens on business property, civil lawsuits, or stop-work orders
In severe cases, criminal prosecution may also be pursued.
If a worker is injured, they should seek medical attention immediately. The employee must notify their employer in writing within two days, and a claim must be filed shortly afterward. Employers are responsible for reporting the injury to their insurance provider within five days of notification.
If the employer does not carry coverage, the worker can file a Report of Occupational Injury and Proof of Employment and pursue compensation through the state’s uninsured employer fund.
Claims must be submitted:
Within six months of the injury date, or
Within three years of diagnosis for an occupational illness
In general, employees may choose their own physician for care. However, if the employer uses a Managed Care Organization (MCO), the worker must select an in-network provider for treatment.
Need help? Employers can contact the West Virginia Offices of the Insurance Commissioner. You can also explore the following:
Workers are among your most critical assets. Having a valid workers’ compensation policy ensures they’re supported during recovery and keeps your business legally compliant. It also helps protect your company from lawsuits and financial setbacks.
Have questions or need assistance? The team at Beyond is here to help guide you through the process of securing the right coverage for your business.
