Workers’ comp requirements by state · Reviewed October 2026

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’ compEmployers with 1 or more employees.
Where coverage comes fromPrivate insurers, plus self-insurance where approved
RegulatorWest 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

What to collect from subcontractors in West Virginia

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.

CoverageTypical 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’ liabilityStatutory / $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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Keep every sub’s certificate current

Certy reads each COI, checks it against your requirements, and reminds subs before coverage lapses.

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