Workers Compensation Insurance
Required protection for your employees—and your business.
Workers compensation insurance covers medical expenses and lost wages when employees are injured on the job. It's required by law for most employers in West Virginia, and it protects your business from employee lawsuits related to workplace injuries.
Get a Workers Compensation Quote
We'll need your payroll information and employee job classifications
What Workers Compensation Covers
Medical Expenses
All reasonable and necessary medical treatment related to the workplace injury or illness. This includes doctor visits, hospital stays, surgery, medications, physical therapy, medical equipment, and ongoing care—with no deductibles or copays for the employee.
Lost Wages
Temporary disability benefits replace a portion of lost income while an employee recovers and cannot work. In West Virginia, this is typically about two-thirds of the employee's average weekly wage, up to state maximum limits.
Rehabilitation Services
Vocational rehabilitation and job retraining if an employee cannot return to their previous position. This includes career counseling, education assistance, job placement services, and physical rehabilitation to restore function.
Permanent Disability Benefits
Compensation for employees who suffer lasting impairment from a work injury. Benefits vary based on whether the disability is partial or total, and whether it affects specific body parts or overall earning capacity.
Death Benefits
If a work-related injury or illness results in death, workers comp provides benefits to the employee's dependents. This typically includes a portion of the deceased worker's wages plus funeral expenses.
Employer Protection
Workers compensation provides "exclusive remedy" protection—employees who receive workers comp benefits generally cannot sue their employer for the workplace injury, protecting your business from potentially devastating lawsuits.
Who's Covered?
Workers compensation covers most people on your payroll, but not everyone:
Full-Time Employees
All W-2 employees working regular hours are covered from their first day on the job.
Part-Time Employees
Part-time and seasonal workers are covered the same as full-time employees.
Temporary Workers
Temporary employees you hire directly are covered; staffing agency workers are typically covered by the agency.
Family Members
Family members who are legitimate employees (receive W-2s) are generally covered.
Officers & LLC Members
In West Virginia, corporate officers and LLC members can elect to be included or excluded from coverage.
Sole Proprietors & Partners
Business owners are typically excluded by default but can elect coverage for an additional premium.
What's NOT Covered
Workers comp doesn't cover every workplace injury. Key exclusions include:
Important: Independent contractors are not covered by your workers comp policy. However, if a contractor is misclassified and should actually be an employee, you could be held liable for their injuries. We can help you understand proper classification.
West Virginia Requirements
West Virginia
- Required for employers with 1 or more employees (some exceptions)
- Coverage through private insurers (privatized since 2008)
- Corporate officers may opt out with proper documentation
- Sole proprietors and partners can elect coverage
- Penalties include fines up to $10,000 and personal liability for injuries
- BrickStreet (now Encova) is the largest carrier in the state
How Workers Comp Claims Work
Understanding the claims process helps ensure your employees get proper care and your business stays protected:
Report the Injury Immediately
Employee must report the injury to their supervisor as soon as possible. In West Virginia, injuries should be reported within 6 months. Earlier is always better.
Seek Medical Treatment
Employee receives necessary medical care. In West Virginia, employees have freedom to choose providers for their initial treatment.
Complete Required Forms
Employer completes the First Report of Injury form and submits it to the insurance carrier. The employee completes their portion of the claim documentation.
Claim Investigation
The insurance carrier reviews the claim, verifies employment and that the injury is work-related, and determines benefit eligibility.
Benefits Begin
If approved, medical bills are paid directly to providers and wage replacement benefits begin after the waiting period (typically 3 days in West Virginia).
Return to Work
Employee returns to work when medically cleared. Light duty or modified work programs can help employees return sooner while recovering.
Understanding Your Experience Modification Rate (EMR)
Your EMR is a number that compares your business's claims history to other businesses in your industry. It directly impacts your workers comp premium.
Average claims experience for your industry—you pay the standard rate.
Better than average safety record—you get a discount. An EMR of 0.80 means 20% savings.
Worse than average claims history—you pay a surcharge. An EMR of 1.25 means 25% higher premiums.
Key Things to Know About EMR:
- EMR is calculated based on 3 years of claims history (excluding the most recent year)
- Both claim frequency and severity affect your EMR
- Small, frequent claims can hurt your EMR more than one large claim
- New businesses start at 1.0 until they develop enough history
- Improving safety programs can lower your EMR over time
What Affects Your Premium?
Workers comp premiums are calculated based on several factors unique to your business:
Annual Payroll
Premiums are calculated per $100 of payroll. Higher payroll = higher premiums.
Job Classifications
Each employee is assigned a class code based on their job duties. Office workers might pay $0.15/$100; roofers might pay $25/$100.
Experience Modification Rate
Your EMR multiplies your base premium up or down based on claims history.
State Rates
West Virginia sets base rates for each classification.
Claims History
Recent claims increase your EMR and premiums for years. Clean records mean lower costs.
Safety Programs
Formal safety programs, drug testing, and return-to-work programs can qualify for discounts.
Premium Formula: (Payroll / 100) x Class Code Rate x EMR = Annual Premium. For example, a contractor with $500,000 in payroll, a rate of $8.00 per $100, and an EMR of 0.90 would pay: ($500,000 / 100) x $8.00 x 0.90 = $36,000/year.
Real Claims Examples
See how workers compensation responds in common scenarios:
Back Injury from Lifting
Scenario: A warehouse worker injures their back lifting a heavy box. They need surgery and 6 months of physical therapy.
Coverage: Workers comp pays all medical bills (approximately $85,000), plus two-thirds of lost wages during recovery (about $18,000). Total claim: $103,000+.
Slip and Fall on Job Site
Scenario: A construction worker slips on ice at a job site and breaks their leg.
Coverage: Medical expenses ($25,000), lost wages for 10 weeks ($8,000), and physical therapy ($5,000) are all covered. The employee cannot sue the employer.
Repetitive Motion Injury
Scenario: An office worker develops carpal tunnel syndrome from years of typing.
Coverage: Workers comp covers ergonomic evaluation, wrist surgery ($15,000), recovery time wages, and any necessary workplace modifications.
Fatal Workplace Accident
Scenario: An employee is killed in a workplace accident, leaving a spouse and two children.
Coverage: Workers comp provides death benefits to dependents (typically 66% of wages for a set period), plus funeral expenses up to the state maximum.
Get Your Workers Compensation Quote
Workers comp is required for most employers and protects both your employees and your business. Let us find you the right coverage at a competitive price.
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Point Pleasant, WV