West Virginia workers' compensation insurance: Your ultimate resource
Everything to know about workers’ compensation for
West Virginia
businesses
What does workers’ compensation cover?
A standard workers’ comp policy covers four primary areas: medical expenses, lost wages, employer liability and ongoing rehabilitation. EverPeak policies ensure your crew gets the care they need to return to work safely while protecting your business from the costs of workplace accidents.
Medical care
Coverage for the necessary treatment resulting from a work-related injury or illness.
Lost wages
Partial pay for employees unable to work while recovering from an injury.
Legal protection
Financial support for your business if an employee files a lawsuit related to an accident.
Ongoing care
Rehabilitation and training to support employees re-enter the workforce, and ongoing benefits for permanent injuries.
Death benefits
Financial support for the families.
What are
West Virginia
's workers' comp laws?
Nestled in the heart of the Appalachian region, West Virginia holds a heritage and allure that are one-of-a-kind. With a rich history in coal mining and a picturesque landscape, the Mountain State offers a captivating fusion of rugged tradition and natural splendor.
West Virginia has a diverse economy, allowing businesses of all types to prosper. When it comes to protecting your business and its employees, finding the right workers' compensation insurance is essential.
What is workers' compensation?
Workers' compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide medical and financial protection for employees who suffer work-related injuries or illnesses.
Without workers’ compensation, the cost of an injured employee’s medical treatment could become the responsibility of your business.
West Virginia workers' compensation rules
The West Virginia Offices of the Insurance Commissioner is responsible for administering the workers’ comp law in West Virginia. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The West Virginia Offices of the Insurance Commissioner can approve self-insured requests based on financial status.
Employees can verify online if their employer has coverage.
Who is covered and exempt from
West Virginia
workers' comp?
Who is covered?
Policies include protection for full and part-time workers.
Some exemptions from workers’ comp in West Virginia include:
- Domestic workers
- Businesses with less than five full-time agricultural employees
- Casual employees
- Church organizations
- Voluntary rescue squads or police auxiliary units
Covered injuries and illnesses
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases developed over time due to job conditions.
Benefits provided
West Virginia workers’ comp insurance provides three types of benefits for work injuries:
- Medical benefits
- Lost wages
- Death benefits
- Medical treatment for work-related accidents, injuries and/or illnesses
- Temporary disability benefits
- Permanent disability benefits
- Death benefits
West Virginia workers’ compensation rates
The weekly compensation rate is two-thirds of the employee’s average weekly wage, not to exceed 100% of the average weekly wage in West Virginia.
Find more information on West Virginia’s workers’ compensation rates.
How much does workers’ comp cost in
West Virginia
?
How do you file a workers’ compensation claim in
West Virginia
?
Filing a workers' compensation claim
In the event of a work-related injury or illness:
Step 1: Employee reports injury to employer
Employees in West Virginia should report their injury to their employer as soon as possible.
Step 2: Seek medical care
The employee should immediately seek medical attention.
Step 3: Employer reports injury
Once notified of the injury, employers should file a report of the accident within five days to their workers' compensation insurance carrier.
Step 4: Receive benefits
If an employer’s insurance provider accepts the claim, the worker should begin receiving benefits to cover medical expenses and lost wages.
Step 5: Return to work safely or receive permanent disability benefits
Following their recovery, a worker is expected to resume work safely. In cases where the worker cannot fully recover to the extent that they can perform their job duties, they’ll be eligible to receive permanent disability payments.
Choosing a healthcare provider
If the employer does not provide a managed health care plan, the injured worker can choose from West Virginia's Offices of the Insurance Commissioner's managed care providers.
Compensation for missed work
If an employee is out of work:
- Less than three days: They are not eligible for temporary disability payments.
- More than three but less than seven days: They are eligible for lost time benefits beginning on the fourth day.
- More than seven days: They are eligible for benefits retroactive to the first day they stopped work.
Resolving disputes
To resolve a workers’ compensation claim dispute, an employer or employee can file a protest with the Workers’ Compensation Board of Review.
How to get workers' compensation
Insurance requirements for employers
Employers in West Virginia with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
Choosing the Right Insurance Provider
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
FAQs
Enforcing safety protocols, providing proper employee training, maintaining a clean and hazard-free work environment, and regularly reviewing safety practices can significantly reduce workplace injuries.
Your premium is primarily determined by your industry payroll classifications, geographic location and total annual payroll. Your business’s safety history can also play a major role in determining your final rate. Three key factors influence your base insurance rate:
- Industry classification codes: Higher-hazard trades naturally carry higher baseline rates.
- Geographic location: Rates and statutory benefit structures fluctuate heavily by state lines.
- Historical safety record: Maintaining an accident-free workplace lowers your Experience Modification Rate (E-mod), resulting in built-in premium discounts.
Most states require businesses with employees to carry workers’ compensation insurance to stay compliant. Requirements vary by location, but having coverage ensures your business is protected and your team has access to benefits if an injury occurs.
Employees can verify online if their employer has coverage through the state’s online search tool.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensures the necessary steps are taken to initiate the workers' compensation claims process.
Whether you need coverage for contractors depends entirely on your state’s specific regulatory definitions and formal worker classification tests. Since misclassification regulations are highly complex and can lead to severe audits or stop-work orders, it’s vital to ensure your entire labor force is properly verified and protected based on the actual day-to-day work they do.
Learn more: Do independent contractors need workers’ compensation?
In most cases, employees in Virginia are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
In Virginia, employers who fail to procure or sustain the appropriate workers' compensation coverage for their employees may face civil fines of up to $250 per day of non-compliance. Failure to adhere to this requirement can reach a maximum of $50,000 in fines.
Workers’ compensation is a form of insurance that benefits employers and employees in the case of a work-related injury or illness.
Why choose EverPeak for workers’ comp coverage?
EverPeak protects the hardest-working businesses in (state) with simple, reliable workers’ comp starting as low as $18 a month. Backed by over a century of specialized experience, customers get multi-state coverage, fast and easy claims support, and a vast network of brokers.