All individuals performing services for compensation paid by an employer are presumed to be employees and required to be covered by a West Virginia workers' compensation insurance policy unless and until it is shown that the worker is an independent contractor. The burden of proving that an individual is an independent contractor is, at all times, on the party asserting independent contractor status (WV Admin. Code Sec. 85-8-6).
For workers who are working in a hazardous industry, the following criteria must be met to be an independent contractor:
• The individual holds himself or herself out to be in business for himself or herself by having a license, permit, or other certification required by federal, state, and or local authorities for individuals engaging in the type of work that is being performed
• The individual has entered into, or regularly enters into, verbal or written contracts with the persons and or entities for whom the work is being performed, which have terms and conditions consistent with the other criteria for being an independent contractor;
• The individual has the right, pursuant to written contractual provisions entered into with the persons and or entities for whom the work is being performed, to ...