If your West Virginia LLC has any non-owner employees, yes, it must carry workers compensation insurance, because the state requires coverage once you regularly employ someone under Chapter 23. The twist for an LLC is the members themselves: when the LLC carries a policy, West Virginia puts the members and managers on it by default, and the LLC must file to leave them off. That is the opposite of how many states treat owners, so the way you set up and staff the business changes the answer.
Who this is for: Owners of a West Virginia LLC, whether a single-member LLC with no staff, a multi-member LLC, or an LLC running a payroll of W-2 employees.
The short version
- An LLC with any non-owner employee must carry workers comp; there is no headcount threshold once employees exist.
- When the LLC has a policy, members and managers are covered by default and their pay counts in the premium.
- An LLC can file to leave off a total of no more than four members, managers, or officers.
- A single-member LLC that works alone with no other staff is not required to carry a policy at all.
- Clients and general contractors routinely require proof of coverage before your LLC can start work.
How West Virginia treats LLC members
West Virginia does not make you opt members in. Under the state's coverage rules, once the LLC carries a policy, a member or manager is treated as covered and their pay is part of the premium unless the LLC elects to exclude them. The LLC can leave off a total of no more than four people acting as a member, manager, or officer. Filing that election is how a working member keeps their own pay out of the premium; doing nothing keeps them covered for their own on-the-job injuries. If a member who was left off later wants back on the policy, the insurer generally needs written notice 60 days before the coverage period in which coverage is to start, so plan ahead. Either way, the moment the LLC has a non-owner employee, that employee must be covered from day one.
What applies to your LLC
| Your LLC setup | Is comp required? | What owners and staff should know |
|---|---|---|
| Single-member, no employees | Generally no | Working alone is not regularly employing another person, so no policy is required; you may still want one for a contract |
| Multi-member, no other staff | Only if you carry a policy | If you buy coverage, members are on it by default; you can leave off up to four members, managers, or officers |
| Any LLC with non-owner employees | Yes | Employees covered from day one; members stay on the policy unless the LLC files to leave up to four off |
Staying on the policy, or leaving it
Because a West Virginia LLC member starts out on the policy, the choice is whether to file to leave. If you want your own on-the-job injuries paid by comp, you do nothing and stay covered. If you would rather keep member pay out of the premium and rely on other coverage for yourself, the LLC files to exclude you, up to a total of four members, managers, or officers. Many owner-run LLCs that hire staff keep the employees on the policy and decide member by member whether the owners stay on. The limited liability in an LLC shields your personal assets from many business debts, but it does not by itself answer an injured employee, which is exactly what comp is built to handle.
A Morgantown example
Illustrative, not a quote. A two-member electrical contracting LLC in Morgantown runs the business with one W-2 apprentice. Because the LLC has a non-owner employee, West Virginia requires a policy, and the apprentice is covered from day one. Both members work in the field pulling wire and want their own injuries covered, so they leave themselves on the policy rather than filing to be excluded. When a builder they want to work for requires proof of coverage, the LLC already has a policy and can produce a certificate the same day. We make sure the electrical work is priced correctly so the cost is fair. See our workers comp for electricians page.
Real questions West Virginia owners ask
Does my West Virginia LLC have to carry workers comp?
If it has any non-owner employees, yes, from the first one. If it is only members, you are not required to buy a policy, but if you do, the members are on it by default unless the LLC files to leave them off.
Am I covered as an LLC member in West Virginia?
By default, yes, if the LLC carries a policy. West Virginia includes members and managers on the policy and counts their pay in the premium unless the LLC files to exclude them, up to four people.
Do I need comp for a single-member LLC with no employees?
Generally no. Working alone is not regularly employing another person, so no policy is required. Many single-member LLCs still buy one to satisfy a client or general contractor who wants proof of coverage.
How do I leave myself off the policy as a member?
The LLC files an election to exclude you, up to a total of four members, managers, or officers. That keeps your pay out of the premium, but you then have no comp for your own injuries and should arrange other coverage.
Does having W-2 employees change things for my LLC?
Yes. Even one non-owner employee makes coverage mandatory from day one. The policy covers your employees and protects the LLC, so an injured worker generally cannot sue the business directly.
Can I add a member back to the policy later?
Yes, but plan ahead. To put a previously excluded member back on, the insurer generally needs written notice about 60 days before the coverage period in which the coverage is to begin.
Why do clients ask my LLC for proof of coverage?
General contractors, landlords, and commercial customers require proof to manage their own risk. Even when you have covered everyone required, you usually cannot start the job without showing a certificate.
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)
- Workers comp: the owner's overview
- 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)
- Do sole proprietors need workers comp?
- What workers comp does not cover
- West Virginia electrician 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.