West Virginia workers’ comp and subcontractor insurance requirements
What general contractors, property managers and other businesses hiring subcontractors in West Virginia need to know: who has to carry workers’ comp, when you’re on the hook for an uninsured sub, and what to collect before work starts.
West Virginia at a glance
| Who must carry workers’ comp | Employers with 1 or more employees. |
|---|---|
| Where coverage comes from | Private insurers, plus self-insurance where approved |
| Regulator | West Virginia Offices of the Insurance Commissioner |
Are you liable for an uninsured sub in West Virginia?
Many states make a hiring contractor responsible for an uninsured subcontractor’s injured workers. Ask the West Virginia Offices of the Insurance Commissioner or an attorney how that works in West Virginia.
Separately, your own workers’ comp premium auditor may charge you for an uninsured sub’s payroll. Collecting a current certificate for every sub is the simplest protection. See workers’ comp audits and uninsured subcontractors, or estimate the cost with the workers’ comp audit calculator.
West Virginia-specific things to know
- West Virginia moved from a state fund to private carriers in 2006.
What to collect from subcontractors in West Virginia
- A certificate of insurance, usually an ACORD 25, showing GL, auto, umbrella and workers’ comp.
- Exemption paperwork for sole proprietors or officers who claim they don’t need workers’ comp under West Virginia rules.
- Additional insured and waiver of subrogation endorsements for higher-risk trades. See waiver of subrogation on workers’ comp.
- A renewal certificate before each policy expires. See COI expiration.
Common contract minimums
These aren’t set by West Virginia law. They’re typical subcontract requirements that you can adjust by trade and project size.
| Coverage | Typical minimum |
|---|---|
| General liability | $1M each occurrence / $2M aggregate, additional insured, primary and non-contributory |
| Auto liability | $1M combined single limit |
| Umbrella / excess | $1M–$5M+, by trade risk and project size |
| Workers’ comp / employers’ liability | Statutory / $500K–$1M each, waiver of subrogation |
Generate requirements by trade with the subcontractor insurance requirements generator.
Frequently asked questions
Is workers’ comp required in West Virginia?
Employers with 1 or more employees. Confirm details with the West Virginia Offices of the Insurance Commissioner.
Is a general contractor liable for an uninsured subcontractor in West Virginia?
Many states make a hiring contractor responsible for an uninsured sub’s injured workers, and your workers’ comp auditor may also charge you for that sub’s payroll. Ask the West Virginia Offices of the Insurance Commissioner or an attorney how West Virginia handles it.
What insurance should I require from subcontractors in West Virginia?
State law sets workers’ comp rules; your contract sets everything else. Common minimums are general liability of $1M per occurrence and $2M aggregate, auto liability of $1M, workers’ comp with employers’ liability of $500K–$1M, and additional insured status and waiver of subrogation in your favor.
General information, not legal or insurance advice. Last reviewed October 2026. Rules change, so confirm with the West Virginia Offices of the Insurance Commissioner or a licensed professional.
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