Workers comp rates and rules in West Virginia
West Virginia has 0 workers comp class codes with filed rates, a maximum weekly benefit of $1,100 (66.67% of average weekly wage), and a statute of limitations of 2 years. Verified 2026-05-08.
Class code rate comparison
The top 0 workers comp class codes filed in West Virginia, sorted from cheapest to most expensive per $100 of payroll. Cross-state percentile shows where each code sits versus the same code in other states.
| State | Occupation | Code | Rate per $100 | vs peers | Source |
|---|
Bottom quartile (cheap) Mid Top quartile (expensive) This state
West Virginia coverage rules & benefits
Coverage threshold
Employers with one or more employees are required to carry workers' compensation insurance.
Max weekly benefit
$1,100 (66.67% of average weekly wage), effective 2024.
TTD weeks
104 weeks of temporary total disability benefits.
Statute of limitations
2 years from injury date to file the claim.
1099 contractor treatment
Independent contractors (1099) are generally not covered by workers' compensation, but misclassification can lead to penalties based on the 'right to control' test.
Owner exclusion
Allowed. Sole proprietor self-coverage: optional. LLC member self-coverage: optional.
State fund
BrickStreet Insurance is the state-administered carrier.
Estimate your premium in West Virginia
Pre-filled to West Virginia. Pick your industry and payroll to see a real premium range from filed rates.
Estimate your workers comp premium
Pick your industry, state, and annual payroll. Range comes from real rate filings.
Filing & compliance in West Virginia
-
Step 1, Confirm coverage threshold
Employers with one or more employees are required to carry workers' compensation insurance.
-
Step 2, Determine class code
Your premium uses the NCCI class code that best matches your operation. The wrong class code can cost 4-10x more or get reclassified at audit.
-
Step 3, Get a quote (or use the state fund)
BrickStreet Insurance is one option; private carriers like Travelers, Hartford, and Liberty Mutual also write coverage in West Virginia. Schedule credits up to 25% are typical for low-loss accounts.
-
Step 4, Track payroll & subcontractors
General contractors are responsible for ensuring subcontractors carry workers' compensation or they may be held liable for injuries to the subcontractor's employees. Keep certificates of insurance for every sub.
-
Step 5, Annual audit
Carriers audit payroll within 90-120 days of policy expiration. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll.
West Virginia workers comp FAQs
Who has to carry workers compensation insurance in West Virginia?
Employers with one or more employees are required to carry workers' compensation insurance.
What is the maximum weekly workers comp benefit in West Virginia?
The current maximum weekly benefit in West Virginia is $1,100 (effective 2024). Benefits are typically 66.67% of the average weekly wage, capped at the state maximum.
How long do I have to file a workers comp claim in West Virginia?
The statute of limitations for filing a workers compensation claim in West Virginia is 2 years from the date of injury. Notice to the employer is typically required within 30 days.
Are 1099 contractors covered by workers comp in West Virginia?
Independent contractors (1099) are generally not covered by workers' compensation, but misclassification can lead to penalties based on the 'right to control' test.
Can business owners exclude themselves from workers comp coverage in West Virginia?
Yes, West Virginia allows business owners (sole proprietors, partners, LLC members, corporate officers) to exclude themselves from coverage by filing the appropriate election form. Sole-proprietor self-coverage is not required; LLC member self-coverage is not required.
What is the penalty for not carrying workers comp in West Virginia?
Penalties for non-compliance include fines, stop-work orders, and personal liability for employee injuries.
When does my workers comp carrier audit my payroll in West Virginia?
West Virginia typically requires a payroll audit within 90-120 days of policy expiration. Final premium is reconciled to actual payroll, and class code allocation can shift based on the audit findings. Keep payroll segregated by class code and have job-duty documentation ready.
Am I liable for subcontractors' workers comp in West Virginia?
General contractors are responsible for ensuring subcontractors carry workers' compensation or they may be held liable for injuries to the subcontractor's employees.