Virtually all employers in West Virginia must provide workers' compensation insurance coverage for their employees. Employers are covered if they have at least one employee. Volunteer firefighters and emergency medical technicians are covered, as are members of rescue teams working at mine accidents. All public employees are covered (WV Stat. Sec. 23-1-1et seq.).
A few categories of employment are specifically exempted from coverage:
• Church employees and employees of certain nonprofit corporations
• Professional athletes and employees of organizations who are engaged in professional sports, including thoroughbred trainers and jockeys
• Employees who usually work out-of-state
• Farmworkers, if the employer has five or fewer full-time employees
• Temporary casual employees who work no more than 10 days per calendar quarter for an employer with three or fewer employees
• Volunteer police and rescue squad workers and other volunteer government employees
Employers that are not obligated to provide coverage, including sole proprietors and partnerships, may elect to be covered under the Workers' Compensation Act, thereby gaining immunity from other legal actions. Any limited liability company excluding a member from workers' compensation coverage or computing premiums on a member as a partner prior to March 4, 2004, is deemed to have made an effective election. Coverage is not required if a person is a member of a limited liability company solely as an investor and does not participate in the direction, administration, or control of the company and its activities or investments.