If your West Virginia partnership has employees, yes, it must carry workers compensation insurance, and the partners themselves are on the policy by default. When the partnership carries coverage, West Virginia includes the partners and counts their pay in the premium unless they file to leave themselves off. Every non-partner employee must be covered from day one, with no minimum headcount.
Who this is for: Partners in a West Virginia general partnership, from a two-person professional firm to a partnership with a payroll of employees.
The short version
- A partnership with employees must carry workers comp; there is no headcount minimum.
- When the partnership carries a policy, partners are on it by default and their pay counts in the premium.
- A partner who wants off files an election to be excluded, keeping their pay out of the premium.
- Leaving partners off lowers the payroll the premium is built on, but removes their comp for a work injury.
- A partnership that works with no employees is not required to carry a policy at all.
How West Virginia treats partners
West Virginia runs the opposite way from states that make you opt partners in. When the partnership carries a policy, a partner is included on it by default and their share of pay is counted in the premium, unless that partner files to be excluded. This mirrors how the state treats corporate officers and LLC members, all of whom start on the policy. A partnership that works with only its partners and no employees is not regularly employing another person, so it is not required to buy a policy, though it may choose to. If a partner who was excluded later wants back on, the insurer generally needs written notice about 60 days before the coverage period.
| Who | Covered by default? | What to know |
|---|---|---|
| Non-partner W-2 employee | Yes | Covered from day one; cannot be excluded |
| General partner | Yes | On the policy unless they file to be excluded |
| Partner who has been excluded | No | Off the policy and the premium; needs other coverage for a work injury |
| Partnership with no employees | Not required | Working with only partners is not regularly employing anyone; a policy may still be needed for a contract |
Whether partners stay on the policy
Because partners are covered by default, the decision is whether any of them file to leave. Keeping a working partner on means comp pays if that partner is hurt on the job, which matters most for partners who do physical or field work. Leaving a partner off lowers the payroll the premium is built on, but it removes their comp protection, and a health plan may not cover a work injury. A desk-bound partner in a professional firm is a more natural candidate to leave off than a partner who is out on job sites. Whatever the partners choose, any employee the partnership hires must be covered from the first day.
Why a partnership carries a policy anyway
Even a partnership with no employees often ends up buying coverage. Clients, landlords, and larger firms routinely require proof of coverage before they will sign, and a policy is frequently the price of the contract. And once the partnership hires its first employee, coverage is mandatory. Carrying a policy also protects the partnership: if it fails to carry required coverage, it loses the usual protection and an injured employee can sue the partnership directly for full damages.
A Clarksburg example
Illustrative, not a quote. Two partners run a Clarksburg accounting firm with three employees. The three employees must be covered, and both partners are on the policy by default. Because the partners sit at desks and face little injury risk, they each file to be excluded, which trims the premium, while the three employees stay fully covered. When a commercial client asks for proof of coverage before signing an engagement letter, the firm hands over a certificate the same day. See our workers comp for accounting firms page.
Real questions West Virginia owners ask
Does our West Virginia partnership need workers comp?
If it has any employees, yes, from the first one, with no headcount minimum. The partners are also on the policy by default unless each one files to be excluded.
Are partners covered by default in West Virginia?
Yes. When the partnership carries a policy, a partner is included and their pay counts in the premium unless that partner files to be excluded. It is the reverse of states that make you opt in.
How does a partner get left off the policy?
The partner files an election to be excluded. That removes their pay from the premium, but they lose comp for a work injury and should arrange other coverage before relying on being off.
Should our partners stay on the policy?
It depends on the work. A partner who does physical or field work usually keeps comp, which pays for a work injury a health plan may not. A desk-bound partner is a more natural candidate to be left off.
Do we need a policy if the partnership has no employees?
Not by law, since a partnership working with only its partners is not regularly employing anyone. But clients and landlords often require proof of coverage, so many partnerships buy a policy anyway.
Can a partner get back on the policy later?
Yes, but plan ahead. To put an excluded partner back on, the insurer generally needs written notice about 60 days before the coverage period in which coverage is to begin.
What if our partnership does not carry required coverage?
West Virginia can fine the partnership, shut the business down until it insures, and lien its property. The partnership also loses the usual protection, so an injured employee can sue it directly.
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 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 accounting firm 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.