The A-Z guide to West Virginia Workers' Comp

West Virginia Workers’ Compensation

Name: Workers' Compensation Insurance for West Virginia
Brand: Kickstand Insurance
Rating: 5 (37 reviews)

West Virginia workers’ compensation laws require employers to provide coverage when they hire their first employee and then every employee afterward. Insurance covers medical expenses, wage replacements, necessary care, and financial assistance for everyday costs, like household bills.

Workers’ comp in WV is overseen by the West Virginia Offices of the Insurance Commissioner, overseeing strict adherence to legal requirements for employers and employees.

Required with

1 employee

Self-employed people do not need to have workers’ comp insurance coverage.

The following are exempt:

Sole proprietors
Partnerships
Religious organizations
Casual workers with irregular or temporary hours
Housekeepers, nannies, and other domestic service workers
Employers with fewer than five full-time agricultural employees or farm helpers
Organized professional sports teams
Volunteer organizations, like police auxiliary units and rescue squads

Is workers’ comp insurance required in West Virginia?

Workers’ compensation insurance in West Virginia is required for businesses with at least one employee. Coverage includes medical, disability, and wage replacement benefits, helping injured workers get back on their feet while protecting employers from potential lawsuits.

Do you need workers’ compensation coverage if you’re self-employed?

West Virginia workers’ comp insurance laws don’t require self-employed workers to have workers’ comp insurance coverage. However, they can seek opt-in coverage, especially if they are independent contractors with high-risk roles, like construction work.

Who is exempt from West Virginia workers’ comp requirements?

Those exempt under West Virginia workers’ comp insurance laws include Sole proprietors, Partnerships, Religious organizations, Casual workers with irregular or temporary hours. Also excluded are housekeepers, nannies, and other domestic service workers, Employers with fewer than five full-time agricultural employees or farm helpers, Organized professional sports teams and Volunteer organizations, like police auxiliary units and rescue squads.

How much is workers’ comp coverage in West Virginia?

Your West Virginia workers’ comp rate will depend on the following factors:

The type of business you have
The size of your payroll
Your safety record
Claim history

How can West Virginia small business owners save money on workers' comp?

Small West Virginia businesses can save money on workers’ comp insurance through employee education.

Invest in safety programs and educational materials to keep employees informed and updated on safety protocols. Create a safer work environment to reduce the risk of injuries, leading to fewer claims and lower premiums.

Small businesses can also:

Develop a return-to-work program that allows injured workers to return to work with lighter duties at comfortable, slower paces
Classify employees correctly based on their job roles and duties
Review and adjust payroll estimates for accurate annual reporting to an insurance provider
Choose a pay-as-you-go plan to pay premiums based on current payrolls instead of estimated payrolls

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How does workers’ comp work in WV?

West Virginia workers’ compensation insurance laws offer mandatory coverage for medical, disability, and death benefits.

When an employee is injured or sick due to work-related incidents or accidents, they inform their employer. The employer then informs the insurance provider, who reviews the case and either approves or denies the claim.

Upon approval, employees receive benefits. If denied, the employee can dispute the ruling.

What does workers’ comp cover in West Virginia?

Workers who file a workers' comp claim in West Virginia can receive benefits for the following:

Medical bills

Lost Wages

Death Benefits

Workers' comp coverage also protects employers from legal action. This means that if an employee sues your business because of a workplace injury, the insurance will cover the legal costs of the case.

How to get workers’ comp insurance in West Virginia?

To get workers’ compensation insurance in West Virginia, employers start by getting a quote though a licensed agent like Kickstand Insurance. Premium pricing is based on the number of employees, the kind of work, and the business structure.

A higher-risk job will increase premiums, while a lower-risk job, like working in an office behind a computer, will decrease premiums. The National Council on Compensation Insurance oversees risk factors, determining the terms and conditions of a policy for high-risk work.

What can happen if I don’t have workers’ comp insurance in West Virginia?

Businesses that refuse to comply with West Virginia workers’ compensation laws could suffer severe consequences, such as:

$500 for initial non-compliance, then $25,000 for additional offenses
Stop-work orders that halt business operations until insurance is acquired
Misdemeanor or felonious charges if non-compliance continues
Personal liability for medical expenses and replacement wages for injured workers
Higher insurance premiums in the future

Non-compliance could damage your business reputation. Employees want to work for trustworthy employers, so compliance with West Virginia workers’ compensation laws is crucial to a business's long-term success.

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FAQS

What are workers’ comp death benefits in WV?

Workers’ compensation insurance death benefits vary by case.

Surviving dependents usually receive a percentage of the deceased employee’s average weekly wage with a minimum and maximum wage cap per week. A one-time death benefit in a lump-sum payment is also typically available to surviving dependents.

In West Virginia, the definition of a dependent can include a spouse, children, and other family members who depended on the weekly wages of the deceased employee. Death benefits offer up to $10,000 for funeral and burial costs.

The benefits provide financial stability to families as they grieve and mourn, making it possible for them to support themselves during a difficult time.

How do workers’ comp settlements work in WV?

According to West Virginia workers’ compensation insurance laws, workers’ comp settlements are often between the injured worker and employer (with the help of an insurance provider). Settlement agreements are negotiated to suit both parties, including compensation for medical expenses, replacement wages, and disability or care.

Agreements are solidified in writing and then submitted to the West Virginia Offices of the Insurance Commissioner for final approval.

The agreed-upon compensation is then released to the injured worker in either structured weekly settlements (typically in the amount of lost weekly wages) or a lump sum, a percentage of an employee’s weekly wages.

Once compensation is made, the employee waives all rights to future claims related to the accident or incident.

What are the statutes of limitations regarding workers’ comp in WV?

In West Virginia, the statute of limitations for workers’ compensation include:

Employees must report a work-related injury or illness to their employer within 30 days of the incident
Employees have six months from the date of injury to file a workers’ compensation claim
Employees can request a hearing to dispute a claims ruling for up to two years after the decision

How do I get a workers’ comp insurance policy with Kickstand Insurance?

Start by filling out a short online form about your business. We’ll use that info to get you an estimated quote. Then, one of our experienced agents will contact you to review the quote and make sure you are getting the absolutely lowest rate possible for your business. Once the quote is finalized, you’re ready to buy the policy - often with coverage starting that day!

Ready: Fill out an online form. It only takes 5 minutes!
Set: One of our agents will contact you to review the quote.
Go: You can get covered starting today!