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Workers’ Compensation WV
Nearly all employers in West Virginia must carry workers’ compensation insurance.1 The WV workers’ compensation system provides benefits if your employees get an injury or illness from their job. Workers’ comp also helps protect your business from the liability of work-related incidents.
Before 2006, you had to buy workers’ compensation insurance through the state.2 Today, you can get coverage through private insurance carriers, like The Hartford.
Workers’ Comp in WV: Coverage & Requirements
A WV workers’ comp policy from The Hartford helps protect both your business and your employees. For employees, it provides benefits if they're hurt or sick from a work-related cause. For small businesses, workers’ comp limits your liability in case a work-related injury or illness occurs.
What’s covered? Workers’ compensation insurance in WV helps pay medical costs for employees that become hurt or sick as a result of their job. It can also help replace some of your employee’s missed wages or provide disability payments if they’re unable to return to work.
Workers’ comp can help if you have an employee who:
- Slips on a wet office floor and goes to the emergency room. Workers’ comp can help pay her emergency room bill and other medical costs.
- Goes to the doctor to treat carpal tunnel syndrome from years of typing. Workers’ comp can help cover his treatment costs and any necessary ongoing care, such as physical therapy.
- Develops respiratory issues after working in poorly ventilated conditions. Workers’ comp can help cover her treatment costs.
Get a workers' compensation cita today to make sure your business has protection in these situations.
Proof of coverage, also known as a certificate of insurance, includes important details about your policy. Because the law requires workers’ compensation in WV, this document makes it easy to prove you have coverage.
What West Virginia Workers’ Compensation Covers:
A WV workers’ compensation policy from The Hartford can help cover:
Repetitive stress injuries that build up over time. Carpal tunnel syndrome is a common repetitive stress injury.
Ongoing care costs, including rehabilitative services or surgeries to help your employee recover from a work-related injury or illness.
Missed wages if a job-related injury or illness causes your employee to miss work.
Funeral costs to help your employee’s family after a work-related death.
Disability payments for employees who are unable to return to work.
Travel expenses, including meals and lodging when traveling to treatments for a work-related injury or illness.3 The West Virginia Purchasing Division’s State Travel Policy can help you figure out what expenses workers’ comp covers.
Workers’ Compensation West Virginia Law & Exemptions
While workers’ compensation laws in West Virginia require almost every business to carry workers’ compensation, there are exceptions.4
- Domestic service employers
- Agricultural services with five or fewer full-time employees
- Casual employers who have employees that don’t work regular hours or have guaranteed hours
- Church employers
- Employers engaged in organized professional sports
- Volunteer rescue squads or volunteer police auxiliary units
- Employers with employees who receive benefits under the federal Longshore and Harbor Workers’ Compensation Act
- Employers that applied for and received an exemption letter from the West Virginia insurance commissioner
If you use independent contractors, you don’t have to provide workers’ comp for them.5 But, you may have to prove they:
- Have their own business with a license or permit for their type of work
- Control when they are working
- Control how the work gets done
- Aren’t supervised by an employer
- Don’t exclusively work for the employer
- Provide their own equipment
West Virginia Workers’ Compensation & Disability
To make up for missed wages, an employee with a work-related injury or illness is eligible to receive up to two-thirds of their pre-injury average weekly earnings.6 Temporary total disability benefits begin after they can’t work for more than three consecutive calendar days.7 In order to receive benefits for those first three days, they would have to be unable to work for more than seven consecutive calendar days.8
For example, if one of your employees suffers a work-related injury and can’t work for five calendar days, they’d only receive benefits for two days of missed work. However, if the employee can’t work for 10 calendar days, they’d receive benefits for all 10.
WV Workers’ Compensation Rates
Your rates for workers’ compensation insurance in WV will depend on the risks your business and employees face, along with other factors, like your:
- Claims history
- Business experience
- Payroll amount
- Class codes
If you can’t get workers’ compensation coverage from a private insurance carrier, you may have to get it through the Residual Market, or “Assigned Risk Plan,” which usually has higher rates.9,10 In West Virginia, the National Council on Compensation Insurance is the administrator of the Assigned Risk Plan.
To apply for Assigned Risk coverage, your business must:11
- Have at least two records showing private carriers declined you for workers’ comp insurance.
- Not have unpaid bills due to another workers’ compensation insurance company.
- Comply with reasonable health, safety, premium audit, or loss prevention requirements.
- Allow access to records for inspection.
WV Workers’ Compensation Claim Information
Filing a WV workers’ compensation claim starts with your employees. If they have a work-related injury or illness, they must notify you immediately.12 However, if they need immediate medical care, they should notify you as soon as they can. Then, they should file a workers’ comp claim or request that you file a claim for them. Once you learn of the injury or illness, you have five days to file a report with your insurance company.13
WV Workers’ Compensation Claims
To file a claim in West Virginia, visit our workers’ comp claims página.
This article provides general information, and should not be construed as specific legal, HR, financial, insurance, tax or accounting advice. As with all matters of a legal or human resources nature, you should consult with your own legal counsel and human resources professionals. The Hartford shall not be liable for any direct, indirect, special, consequential, incidental, punitive or exemplary damages in connection with the use by you or anyone of the information provided herein.
9,10,11 West Virginia Offices of the Insurance Commissioner, “Workers’ Compensation Assigned Risk Plan”