If you regularly employ even one person in West Virginia, yes, you need workers compensation insurance. Chapter 23 of the state code makes nearly every business that regularly employs another person an employer that must carry coverage, with no minimum headcount, no payroll minimum, and no exception for ordinary part-time or seasonal workers. The real questions are how owners are treated and which narrow categories are carved out, not whether the rule reaches an ordinary employer.
Who this is for: Any West Virginia employer, from a brand-new business making its first hire to an established company double-checking the rules for its mix of staff.
The short version
- Coverage is required once you regularly employ someone; there is no headcount trigger and no payroll minimum.
- Part-time and seasonal workers count, and West Virginia does not publish a general family-member exemption.
- A few specific categories are carved out, including domestic workers, small farms, churches, and genuinely casual work.
- Owners are on the policy by default when a business carries coverage, and they file to leave rather than to join.
- West Virginia is no longer a state monopoly, so you buy from a private insurer, with a guaranteed-issue pool as the backstop.
Who counts as an employee
West Virginia ties the requirement to regularly employing another person, not to a headcount you can stay under. Almost anyone who works for you for pay is an employee, and coverage attaches once you have one. Hours and family relationship do not change that. There are a handful of narrow carve-outs, and they are smaller and more specific than owners usually expect.
| Worker type | Counts toward the mandate? | Notes |
|---|---|---|
| Full-time W-2 employee | Yes | Coverage required from day one |
| Part-time or seasonal worker | Yes | No hours or headcount exception for ordinary staff |
| Family member you pay as staff | Yes | No general family carve-out in West Virginia; treat them like any employee |
| Farm worker at a small farm | Sometimes not | A farm with five or fewer full-time employees in agriculture is exempt and may elect coverage |
| Genuinely casual worker | Sometimes not | Exempt only if three or fewer workers and the work is temporary and under 10 days a quarter |
| A true independent contractor | No | Only if they pass West Virginia's worker classification test |
The narrow carve-outs
West Virginia lists specific groups that are not required to carry coverage, though most may elect it. They include employers of domestic (household) workers; farms with five or fewer full-time agricultural employees; churches; organized professional sports, including thoroughbred racing trainers and jockeys; volunteer rescue squads, police auxiliaries, and emergency-services groups (their paid employees still must be covered); independent taxicab drivers working under a written agreement; and workers already covered by the federal Longshore and Harbor Workers program. There is also a casual-work carve-out, but it is strict: it applies only when there are three or fewer workers and the work is temporary, occasional, and does not exceed 10 days in any calendar quarter. Outside these categories, the requirement reaches almost everyone, including construction crews.
How West Virginia treats business owners
Owners are the one place the answer flips with your structure, and West Virginia runs opposite to many states. When a business carries a policy, sole proprietors, partners, LLC members, and corporate officers are included on that policy by default, and their pay is counted in the premium, unless they file to leave. A corporation can leave off up to four principal officers, and an LLC can leave off up to four members or managers. An owner who works alone with no other staff is not regularly employing another person, so that owner-only business is not required to carry a policy at all. Whatever the owners choose, every non-owner employee must be covered from day one.
Why the rule has teeth
West Virginia backs the mandate hard. An employer that fails to carry required coverage can be fined up to 10,000 dollars for a single uninsured stretch, and the Insurance Commissioner can ask a court to shut the business down until it insures and place a lien on its property. Worse, a defaulting employer loses the legal protection that normally limits an injured worker to a comp claim, so the worker can sue for full damages and the employer cannot fall back on common defenses like blaming a co-worker. One uninsured injury can cost far more than years of premium.
A Huntington example
Illustrative, not a quote. A Huntington cafe owner hires two counter staff and one part-time weekend baker and assumes part-timers might not count until she has more of them. In West Virginia they count as soon as she regularly employs them, so she needs a policy right away. She puts coverage in place before anyone starts, and when the weekend baker burns a hand on a hot tray, comp pays the medical bills and part of the lost wages. Because she was insured, the injury is handled as a comp claim rather than a lawsuit, and we make sure her cafe payroll is priced on the right kind of work. See our workers comp for restaurants page.
Real questions West Virginia owners ask
Is workers comp legally required for my West Virginia business?
If you regularly employ anyone, yes. West Virginia requires coverage once you have one or more employees under Chapter 23. There is no minimum headcount, no payroll minimum, and no ordinary part-time or seasonal exception.
How many employees before I need workers comp in West Virginia?
One is usually enough. West Virginia ties the requirement to regularly employing another person, so there is no headcount you can stay under. A single regular part-time or seasonal hire makes coverage mandatory.
Do part-time or seasonal workers count in West Virginia?
Yes. Ordinary part-time and seasonal workers are employees for coverage. West Virginia does not exempt them by hours, so you cannot avoid the requirement just by keeping people part-time.
Does West Virginia exempt farm or agricultural workers?
Only small farms. A farm with five or fewer full-time agricultural employees is not required to carry coverage, though it may elect to. A larger farm is treated like any other employer.
Do I have to cover myself as the owner?
By default, yes, if the business carries a policy. West Virginia puts sole proprietors, partners, LLC members, and officers on the policy unless they file to leave. An owner working alone with no staff needs no policy at all.
What if my workers are independent contractors?
A label does not settle it. West Virginia uses a detailed worker classification test with a written-contract and control requirement plus added factors. A worker who is really an employee must be covered.
What happens if I do not carry it?
West Virginia can fine you up to 10,000 dollars for one uninsured period, shut your business down until you insure, and let an injured worker sue you directly because you lost the usual legal protection.
Why West Virginia owners choose Morrow
- We shop the right market for you. West Virginia stopped running a state monopoly in 2008, so more than 350 private insurers now compete for your business. We shop your rate across them, and if none will take you, a guaranteed-issue backstop pool is always there as a fallback for hard-to-place work.
- We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
- Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
- We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
- Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.
Related West Virginia guides
Every West Virginia business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.
- Business insurance in West Virginia (start here)
- I own an LLC: do I need workers comp?
- I'm a sole proprietor: do I need workers comp?
- I own a corporation (C-corp or S-corp): do I need it?
- We're a partnership: do we need workers comp?
- We're a nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- Only part-time or seasonal staff: do I need it?
- I only employ family: do I need workers comp?
- Remote or out-of-state staff: do I need coverage?
- What happens if I don't carry workers comp?
- How much does workers comp cost?
- How do I get workers comp (even if turned down)?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- Hiring your first employee: what changes
- What workers comp does not cover
- West Virginia restaurant workers comp
This guide is general information, not legal advice. West Virginia rules and penalty amounts can change, so verify current requirements with the West Virginia Offices of the Insurance Commissioner or a licensed advisor before you rely on them. Last updated: July 2026.