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West Virginia state flag West Virginia Workers' Compensation Requirements

Required from your 1st employee

At a glance

1st
employee threshold (general)
1
construction threshold
Private market
buy from any carrier
WV Offices of the Insurance Commissioner
official source (verified 2026-09-08)

The details

ALL employers statutorily required (WV Code 23-2-1; only exemption: ≤5 full-time AGRICULTURAL employees). Private market since 2008 (350+ carriers).

FAQ

Do I need workers' compensation in West Virginia?

Yes — West Virginia requires coverage as soon as you hire your first employee (full-time or part-time).

What about construction businesses in West Virginia?

Construction businesses follow the same 1 threshold. See details below for industry nuances.

What if I don't carry required coverage in West Virginia?

Penalties vary by state and can include per-employee per-day fines, stop-work orders, and personal liability for injury claims. Check the official source below for West Virginia's current enforcement posture.

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Official source: WV Offices of the Insurance Commissioner · Verified 2026-09-08 (official) · Compare all states · Construction rules · Farm rules