West Virginia

West Virginia employers are required to provide workers compensation insurance for all employees, including full and part-time employees who have fulfilled 30 work days.

Sole Proprietors who have no employees may exempt themselves from West Virginia workers compensation insurance. Corporate officers may elect to exempt themselves from workers compensation insurance once they file forms with the necessary agency. Independent contractors do not require coverage; however, the burden of proof of independent contractor status is on the party asserting independent contractor standing. It is advised that you confirm independent contractor status with your carrier or with the commission.

The following circumstances are also qualified as exempt: employment of domestic services workers, employment of five or fewer full-time employees in agriculture, casual or church employment, organized sports activities such as trainers and jockeys, volunteer rescue squads or volunteer police auxiliary units and employees who receive coverage under the federal Long shore or Harbor Workers Compensation Act.

Subcontractors/contractors are required to carry workers compensation insurance for their employees. If acting as sole proprietors, subcontractors/contractors are exempt from carrying workers compensation insurance. However, any employer contracting them for their service must bear the responsibility of providing them with workers compensation insurance coverage.