Short answer: Generally yes. West Virginia law requires most employers who regularly employ others in the state to maintain workers' compensation insurance. Domestic employers, agricultural employers with five or fewer full-time employees, casual employers and several other listed categories may elect not to procure coverage. Officer and LLC-member exclusions are available within statutory limits.
Who must insure
Section 23-2-1(a) brings regular employers into the system and subjects them to Industrial Council rules. "Regularly employing" means employment that is not casual under the statute. The Offices of the Insurance Commissioner Employer Coverage page handles coverage verification and exemption applications.
Employers who are not required (but may elect coverage)
Under § 23-2-1(b), the following employers are not required to procure workers' compensation insurance, but may elect to do so:
- Employers of employees in domestic services
- Employers of five or fewer full-time employees in agricultural service
- Employers of employees while the employees are employed without the state, except temporary employment without the state
- Casual employers—no more than three employees, with employment that is temporary, intermittent and sporadic and does not exceed 10 calendar days in any calendar quarter
- Churches (with special circuit-election rules in subsection (c) when one clergyman is paid by a group of churches)
- Employers engaged in organized professional sports activities, including trainers and jockeys in thoroughbred racing
- Certain volunteer and emergency organizations described in the statute (paid employees of those organizations still require coverage based on gross wages)
- Specified taxicab arrangements where the driver is an independent contractor
- Employers whose employees are eligible for federal Longshore and Harbor Workers' Compensation Act benefits, but only for those eligible employees
Officer and member elections
Partnerships, sole proprietorships, associations and corporations may elect not to include partners, owners, or certain corporate officers and directors as employees. LLC employers may elect to exclude up to four persons acting as managers, officers or members. Dual-capacity officers who also do ordinary employee work have special limits on exclusion—read § 23-2-1(d) carefully before dropping someone from a policy.
Political subdivisions
County commissions, municipalities, boards of education and certain emergency services organizations may elect not to cover elected officials. The election does not apply to appointed positions or other employees.
Letters of exemption
Employers that believe they fall under § 23-2-1(b) can apply to the Insurance Commissioner for documentation of that status. Keep any exemption letter with payroll records. If headcount or the nature of the work changes—for example, a casual project that starts lasting more than 10 days in a quarter—reassess immediately; the exemption can disappear while the job is still running.
Volunteers versus paid staff
Several volunteer and emergency organizations appear in the exemption list, but the statute draws a line: if those organizations have paid employees, they must procure coverage based on the gross wages of the paid employees, while coverage for volunteers may remain optional. Mixed paid/volunteer crews need a policy review, not a blanket assumption that "we're all volunteers."
Out-of-state work
Employers of employees working entirely without the state are listed among those not required to procure West Virginia coverage, except for temporary employment without the state. Crews that leave West Virginia for short jobs and return can still fall under the Act. If your business splits time across state lines, ask the OIC Employer Coverage Unit which state's policy endorsements you need rather than guessing from payroll addresses alone.
Churches and circuits
When churches in a circuit employ one clergyman whose payments from the churches are his full salary, § 23-2-1(c) allows the circuit or group of churches to elect to be considered a single employer. That election is a documentation exercise with coverage consequences; church treasurers should not assume a single parish policy automatically covers a multi-church salary arrangement.
Bottom line
West Virginia starts from a coverage requirement for regular employers and then lists narrow exemptions. If you are not clearly on the exemption list, buy a policy and confirm it with the OIC Employer Coverage Unit. See our workers' compensation insurance overview.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in West Virginia.
Frequently asked questions
Is workers' comp required in West Virginia?
Yes for most employers who regularly employ others in the state. A limited list of employers may elect not to procure coverage.
Are West Virginia farm employers exempt from workers' comp?
Agricultural employers with five or fewer full-time employees are among those not required to procure coverage, though they may elect it.
What is a casual employer under West Virginia workers' comp law?
An employer with no more than three employees whose work is temporary, intermittent and sporadic and does not exceed 10 calendar days in any calendar quarter.
Can West Virginia corporate officers opt out of workers' comp?
Yes, within the limits of § 23-2-1(d); dual-capacity officers who perform ordinary employee work face additional restrictions.
Where can I verify West Virginia workers' comp coverage?
Through the Offices of the Insurance Commissioner Employer Coverage Unit.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.