If your only staff in West Virginia are part-time or seasonal, you still need workers compensation insurance. West Virginia ties the requirement to regularly employing another person and sets no minimum hours and no minimum headcount, so a single part-time or seasonal hire makes coverage mandatory. Keeping people part-time does not get you out of the rule.
Who this is for: West Virginia owners whose staff are all part-time, seasonal, or temporary, such as retail shops, cafes, and seasonal service businesses.
The short version
- Ordinary part-time, seasonal, and temporary workers all count as employees in West Virginia.
- Coverage is required from the first one, with no minimum hours and no headcount trigger.
- There is no exception for a business that is only open part of the year.
- The narrow exception is truly casual work: three or fewer workers, temporary, and under 10 days a quarter.
- Your premium is based on actual payroll, so a small part-time crew usually means a smaller premium, not no policy.
Why part-time still counts
West Virginia does not scale the requirement to hours. An employee is an employee whether they work 40 hours a week or 4, so a part-time cashier or a seasonal helper is covered exactly like a full-timer. There is also no exception for a seasonal business that only operates a few months a year: during the months you have staff, you need coverage. The one place hours and headcount matter is genuinely casual work, and that carve-out 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, which describes an odd one-off job, not a regular part-time crew.
| Worker | Counts toward the mandate? | Notes |
|---|---|---|
| Part-time employee | Yes | No minimum hours; covered from day one |
| Seasonal or holiday worker | Yes | Covered during the months they work |
| Temporary or on-call worker | Yes | Still an employee for comp if the work is regular |
| Truly casual one-off worker | Sometimes not | Exempt only if three or fewer workers, temporary, and under 10 days a quarter |
| Owner with no other staff | Depends on a policy | Working alone needs no policy; if you carry one, owners are on it by default |
What it costs for a small crew
The good news is that a part-time crew usually costs less to insure, not the same as a full staff. Workers comp is priced on your actual payroll, so a shop with three part-timers pays on that smaller payroll, and many insurers check the numbers at year end and adjust if your hours ran lower than expected. That means the answer to a part-time business is almost never to skip coverage; it is to buy a policy sized to the payroll you actually run.
Why skipping it backfires
Treating part-timers as too small to insure is a costly bet. If a seasonal hire is hurt and you have no policy, West Virginia can fine you up to 10,000 dollars for the uninsured period, and an injured worker can sue the business directly because you lost the protection comp normally provides. For a small retailer or cafe, one uninsured injury can cost far more than a season of premium.
A Martinsburg example
Illustrative, not a quote. A Martinsburg gift shop runs on two part-time clerks for most of the year and adds three seasonal hires for the holidays. The owner assumed part-timers did not count, but in West Virginia they do from the first one, so she needs a policy year-round and simply adds the seasonal staff to it for the busy months. Her premium is based on the actual part-time and seasonal payroll, so it stays modest, and when a holiday hire slips on an icy step the claim is covered. See our workers comp for retail stores page.
Real questions West Virginia owners ask
Do I need workers comp if I only have part-time staff in West Virginia?
Yes. West Virginia counts ordinary part-time workers as employees, with no minimum hours. A single regular part-time hire makes coverage mandatory, the same as a full-time employee would.
How many hours can someone work before they need coverage?
There is no hours threshold for ordinary staff. West Virginia does not scale the requirement to hours, so a few hours a week still counts. The only hours-based line is the strict casual-work carve-out.
Do seasonal or holiday workers count in West Virginia?
Yes. Seasonal and holiday workers are employees during the months they work, and there is no exception for a business that only operates part of the year. Cover them for the season they are on.
What is the casual-work exception?
It is narrow. Casual work is exempt only when there are three or fewer workers and the job is temporary, occasional, and does not exceed 10 days in any calendar quarter. A regular part-time crew does not qualify.
Will a small part-time payroll cost a lot to insure?
Usually not. Workers comp is priced on your actual payroll, so a small part-time crew usually means a smaller premium, and many insurers adjust at year end if your hours ran lower than expected.
What happens if I skip coverage for part-timers?
West Virginia can fine you up to 10,000 dollars for the uninsured period, and an injured worker can sue you directly because you lost the usual protection. One injury can cost more than a season of premium.
Do I have to cover myself if I only have part-time staff?
If you carry a policy for the staff, you the owner are on it by default and can file to leave yourself off. Your part-time employees, though, must be covered from day one.
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 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?
- 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 retail 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.