Workers' Compensation by state

Workers' compensation requirements in West Virginia

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Does West Virginia require workers' compensation insurance?

Yes. West Virginia requires workers' compensation coverage once a business has one or more employees, under the West Virginia Workers' Compensation Act. West Virginia requires most employers with one or more employees to carry workers' compensation coverage. Since the state fund was privatized, coverage is purchased from private insurers or an approved self-insurance program.

Reviewed by Cornerstone Staff28 years of financial services state licensing experienceLast verified July 29, 2026

How the mandate works

West Virginia requires most employers with one or more employees to carry workers' compensation coverage. Since the state fund was privatized, coverage is purchased from private insurers or an approved self-insurance program.

Coverage trigger: One or more employees
If you go without coverage: Operating without required coverage can bring default and delinquency actions, penalties, and personal liability for an injured worker's benefits.

Notable exemptions

Exemptions are narrow and fact-specific; confirm your situation with the regulator or an agent before relying on one.

Certain agricultural employers with fewer than the statutory number of full-time employees
Some domestic service and casual employment
Employers covered exclusively by federal compensation programs

Statutes and sources

West Virginia Workers' Compensation Act

W. Va. Code sect. 23-1-1 et seq.

Regulator: West Virginia Offices of the Insurance Commissioner . Last verified 2026-07-29 from the official source .

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