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Workers’ Compensation Insurance in West Virginia

West Virginia generally requires every employer regularly employing another person in the state to maintain workers’ compensation coverage. The statute allows narrow exceptions, including agricultural employers with five or fewer full-time employees; it also allows a casual-employer exception, but the code and implementing rule describe its time limit using different measures, so confirm that classification with the state before relying on it. 1,2

What Is Workers’ Compensation?

Workers’ compensation can pay medical care and part of an employee’s lost wages after a work-related injury or illness. If you have staff, check who is covered in each state; owners, contractors and some workers may be treated differently. Read the national Workers’ compensation guide.

West Virginia Requirements

RequirementDetails
Employer dutyEmployers regularly employing one or more people in a West Virginia business must maintain coverage unless a statutory or approved exemption applies. 1,2

What to Watch for in West Virginia

  • Five-Worker Farm Exception

    An agricultural-service employer with five or fewer full-time employees is not required to procure coverage under § 23-2-1(b)(2); part-time and full-time status matters to the statutory limit. If you add a sixth full-time farm worker, ask the carrier to confirm the effective date and payroll treatment before that person starts. 1

  • Casual Work Has a Tight Limit

    The statute describes a casual employer as having no more than three employees and temporary, intermittent, sporadic employment of no more than 10 calendar days in any calendar quarter. The Insurance Commissioner’s rule defines “temporary, intermittent and sporadic” as no more than 10 working days in any 90-day period. Those measures are not identical; describe your schedule to the Employer Coverage Unit before treating the exception as applicable. 1,2

  • Owner Exclusion Requires an Election

    A partnership, sole proprietorship, association or corporation may elect to exclude certain owners, partners, officers or directors under § 23-2-1(d), but an owner’s title alone does not document that election. Ask the Employer Coverage Unit to determine whether a statutory exemption applies and obtain the state’s written status before removing that person from the coverage count. 1,3

  • Keep Carrier Activity Current

    West Virginia’s administrative rule requires employers to keep their private carrier’s information current about business activities that can affect payroll or premium. Send the carrier new operations, payroll changes and staffing details so the policy reflects the work actually being done in the state. 2

Who Regulates Insurance in West Virginia

West Virginia Offices of the Insurance Commissioner

The West Virginia Offices of the Insurance Commissioner administers West Virginia insurance laws, oversees insurers and insurance producers within its authority, and provides regulatory and consumer resources. You can use the department's complaint process to raise an insurance issue and its licensing resources to check insurance professionals. 4,5,6

Surplus-lines tax and stamping office

Reported tax rate: 4% of premium plus 0.55% surcharge The NAIC's state chart lists a 4% of premium plus 0.55% surcharge charge for surplus-lines coverage for West Virginia (the chart's state entries were reviewed in October 2025). Your broker may collect the applicable amount with the premium. Surplus-lines insurers are not licensed in the state and generally are outside state guaranty-association protection; ask your broker to explain the insurer's financial protections and any diligent-search requirement that applies to your placement. 7,8

Providers With Documented State Licenses

These providers publish a national listing for Workers’ compensation; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in West Virginia. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 11
  • ERGO NEXT InsuranceNext First Insurance Agency, Inc.Insurance producer · checked 2026-09-28ERGO NEXT’s current license table lists Next First Insurance Agency, Inc. in 50 jurisdictions, including Washington, DC; New York is excluded because its table rows name Next Insurance Services and AP Intego, not Next First. The table is company-reported; it does not establish product availability or provide state-regulator verification for each entry. 13
  • HiscoxHiscox Insurance Company Inc.Insurer · checked 2026-09-28Hiscox’s U.S. company information states that Hiscox Insurance Company Inc. is licensed in all 50 states and the District of Columbia. This is company-reported insurer authority for this entity and does not establish which company issues every Hiscox-branded product. 12
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 14
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 15

Questions to Ask Before You Buy in West Virginia

  1. Does my farm meet the statutory definition of agricultural service, and how will full-time employees be counted?
  2. Do my short-term hires satisfy every part of West Virginia’s casual-employer definition?
  3. Has the Employer Coverage Unit approved an owner or officer exclusion for this entity?
  4. Which changes in payroll or business activity must I report to my West Virginia carrier, and when?

Workers’ Compensation in West Virginia: FAQ

Do West Virginia farms need workers’ compensation? 1

Farm employers with five or fewer full-time agricultural-service employees are not required to procure coverage under § 23-2-1(b)(2), but may elect it. The exception is limited to agricultural service and full-time employee count. 1

Can West Virginia business owners opt out of workers’ compensation? 1,3

Some can. A sole proprietor, partner, corporate officer or association director may be excluded by employer election under § 23-2-1(d)(2); an LLC may exclude up to four managers, officers or members. Ask the Employer Coverage Unit to confirm the election for your entity. 1,3

Workers’ Compensation in Other States

Other Coverage in West Virginia

Sources

  1. West Virginia Code § 23-2-1, Employers Subject to Chapter. West Virginia Legislature; § 23-2-1(a), (b)(2), (b)(4), and (d)(2). Accessed 2026-09-28.
  2. W. Va. C.S.R. § 85-8, Workers’ Compensation Rules. West Virginia Offices of the Insurance Commissioner; § 85-8-4.1–4.4 (coverage duty, carrier information, exemptions and exemption letters). Accessed 2026-09-28.
  3. Employer Coverage. West Virginia Offices of the Insurance Commissioner; Employer Coverage Unit; exemption review and coverage verification system. Accessed 2026-09-28.
  4. West Virginia Offices of the Insurance Commissioner. West Virginia Offices of the Insurance Commissioner; Official regulator website; insurance oversight and consumer/professional resources. Accessed 2026-09-28.
  5. Insurance Department Directory. National Association of Insurance Commissioners; West Virginia Offices of the Insurance Commissioner entry; official contact and website listing. Accessed 2026-09-28.
  6. Surplus Lines Insurance Premium Taxes. National Association of Insurance Commissioners; WV row; state surplus-lines premium-tax rate reviewed October 2025. Accessed 2026-09-28.
  7. Guaranty Associations & Funds. National Association of Insurance Commissioners; Coverage of claims from insolvencies of insurers licensed in a state; surplus-lines insurers are nonadmitted. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  10. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  11. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  12. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  13. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  14. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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