How does workers' comp work in West Virginia?

West Virginia employers enjoy extremely low rates on Workers' Compensation Insurance Coverage. As of 2022, WV rates were about 50 percent lower than the rest of the country. One main reason for this is because West Virginia uses the National Council on Compensation Insurance (NCCI) as the assigned risk provider.

Previously West Virginia used its owned state fund and then briefly partnered with a private company Brick Street Mutual Insurance Company to be the assigned risk provider. Since 2009 West Virginia has partnered exclusively with the National Council on Compensation Insurance (NCCI) to determine rates on class codes and to administer the state fund. Rates have fallen steadily since this partnership was established.

Even though employers in West Virginia enjoy some of the lowest rates in the country, many businesses still pay too much for their Workers' Comp Coverage. We offer several industry specific programs as well as flexible payment options to help employers enjoy even better coverage.

Call today to speak with one of our friendly experts about all the ways we can help you save on your Workers' Compensaiton Insurance 888-611-7467.

Workers' Comp Rules & Information for West Virginia

West Virginia Insurance Commissioner

PO Box 50540
1124 Smith St.
Charleston, WV 25305-0540

What is Workers' Compensation?

The basic purpose of the Workers’ Compensation is to provide wage replacement benefits and medical treatment for employees who have been injured or become ill due to a work-related injury or illness. It prevents the employer from bearing the costs of injuries that occur during normal business operations.

West Virginia Workers' Compensation Statute of Limitations

It is always a good ideal to report claims as soon as practical in order to ensure it is covered. West Virginia employee have 6 months to report and injury to a supervisor from the time the injury occured. Failure to report may void the claim at a later date. WSith regard to an occupation illness, an employee would have 3 years to report from the time they were diagnosed the illness by a doctor, or from, the time they were last exposed.

West Virginia Assigned Risk Workers' Comp

West Virginia partners with the National Council on Compensation Insurance (NCCI) to administer the assigned risk. NCCI gathers data, analyzes industry trends, and prepares objective insurance rate and loss cost recommendations. West Virginia uses NCCI to determine rates and administer the assigned risk for the state. If your business for any reason cannot find coverage on the open market the assigned risk will offer coverage. Coverage in the assigned risk is normally higher than the open market.

How does workers' comp help my business?

Your business benefits from workers' compensation coverage by not being liable for injuries that occur as a part of normal business operations. This applies whether the injury was the fault of the business or was caused by negligent actions of the employee. You can move forward with your business operations knowing that if one of your employees is injured because of something that happens as a normal part of your business operations, your business is not liable for the costs.

How does workers' comp help my employee?

Employees benefit from workers' comp coverage by having lost wages covered while they are hurt or sick and not able to work. It also pays for medical costs they might incur as a result of the sickness or injury.

WV Workers Compensation Class Codes

According to a recent report, 2 out of 5 employers are likely misclassified into an NCCI class code with higher rates than the correct code. One of the primary components of pricing workers' compensation insurance is classifying a risk or workplace exposure within the proper NCCI workers compensation class code. Incorrect risk classifications by insurance agents and/or underwriters often results in premium that is higher or lower than it should be. Sometimes payroll is reclassified at the time of audit.

WV State Insurance Directives Regarding Covid-19

Insurers are prohibited from cancelling or nonrenewing policies for reasons resulting from circumstances stemming from the coronavirus pandemic.  Insurers and other regulated entities must be flexible with respect to allowing alternative payment arrangements for the satisfaction of premiums that are due or that which may become delinquent as a result of the emergency.

Mandatory law in effect from 03/19/2020 until further notice.

State Orders Regarding Insurance Claims Related to Coronavirus

No current state orders.

Specialized Programs for Select Industries

We work with our national insurance partners to develop targeted programs with easier underwriting requirements and lower rates. We offer a broad range of business class codes that help streamline the quote process so you get the lowest price for coverage.

Knowing the West Virginia workers comp requirements can help lower the cost of coverage.

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We are a nationwide retailer and offer workers compensation quotes from over 35 insurance carriers. Because we have access to so many providers we can find coverage for even the toughest work comp class codes.

Call today at 888-611-7467 to see if we can help you save on your work comp coverage.

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Workers' Comp Includes Employers Liability Insurance?

Employers liability insurance is an additional layer of coverage included as part of a workers' compensation insurance policy. Employers Liability is known as Part 2 of the policy. It adds two additional coverages for employers:

Employers Legal Liability and Legal Defense Costs

In today's world, there are a variety of reasons employees and third-parties sue employers for damages. Here a some common types covered by employers liability insurance:

Third Party Lawsuits

Your employee sues another party that may have contributed to the injury, In turn, the third party sues your business.

Consequential Bodily Injury

Another party or individual is injured while providing care for the injured employee.

Dual Capacity Legal Action

An employee files a claim but also attempts to sue the employer for being responsible in other ways outside of the employment relationship.

Loss of Consortium

A spouse sues for damages caused by the loss of companionship or relations.

Employers Liability coverage is not included with coverage in the four monopolistic states. Employers in these states can endorse this coverage onto their General Liability policy. That coverage is commonly known as Stop Gap Coverage.

Workers' Comp Covers WV Employers from Injury Related Expenses & Lawsuits
Employers liability insurance is included under a workers' comp policy in most states.
  • Employers liability coverage is not included in all monopolistic states.
  • All NCCI and most other states' coverage includes employers liability insurance.
Visit NCCI for more resources and information about workers' compensation class codes. Visit United States Department of Labor for more information about government agencies managing workers compensation insurance rates.

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