Oops! Something went wrong while submitting the form.
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.
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.
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.
Policies include protection for full and part-time workers.
Some exemptions from workers’ comp in West Virginia include:
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.
West Virginia workers’ comp insurance provides three types of benefits for work injuries:
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.
In the event of a work-related injury or illness:
Employees in West Virginia should report their injury to their employer as soon as possible.
The employee should immediately seek medical attention.
Once notified of the injury, employers should file a report of the accident within five days to their workers' compensation insurance carrier.
If an employer’s insurance provider accepts the claim, the worker should begin receiving benefits to cover medical expenses and lost wages.
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.
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.
If an employee is out of work:
To resolve a workers’ compensation claim dispute, an employer or employee can file a protest with the Workers’ Compensation Board of Review.
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.
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.
Employers who fail to maintain workers' compensation insurance are guilty of a felony and, upon conviction, will be fined no less than $2,500 and no more than $10,000.
In most cases, employees in West 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.
Generally, independent contractors aren’t covered by workers' compensation insurance in West Virginia. Workers' compensation laws typically apply to employees rather than independent contractors.
However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can verify online if their employer has coverage.