State insurance guide
West Virginia Business Insurance Guide 2026
West Virginia treats every person, firm, association and corporation regularly employing another person in business in the state as an employer subject to the workers' compensation law. Auto liability minimums and paid leave rules follow, each with its official source.
Explore West Virginia requirements
Open the state requirements checklistWest Virginia treats every person, firm, association and corporation regularly employing another person in business in the state as an employer subject to the workers' compensation law, so employers with one or more regular employees must carry coverage (West Virginia Code 23-2-1, Employers subject to chapter). Auto liability policies must carry at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage (W. Va. Code § 17D-4-2 (West Virginia Legislature)). West Virginia runs no state paid family leave or disability insurance program, according to NCSL's table.
Sources checked October 3, 2026. This is general information; the agencies linked below decide how each rule applies to your business.
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Workers' compensation
Who must carry it: 1 or more regular employees (West Virginia Code 23-2-1, Employers subject to chapter).
Exemptions and exclusions
W. Va. Code 23-2-1(b) lists employers that are not required to buy coverage but may elect to: employers of domestic service employees; employers of five or fewer full-time agricultural employees; casual employers (no more than three employees, doing temporary, intermittent and sporadic work not exceeding 10 calendar days in a quarter); churches; organized professional sports employers; certain volunteer rescue and government-sponsored volunteer organizations, whose paid employees must be covered; qualifying taxicab drivers; and employees eligible for federal Longshore benefits (West Virginia Code 23-2-1, Employers subject to chapter).
Coverage comes from private carriers: the Insurance Commissioner's workers' compensation page says the market has over 350 carriers following privatization in 2006 (West Virginia Offices of the Insurance Commissioner, Workers' Compensation).
The agency to ask is the West Virginia Offices of the Insurance Commissioner, Workers' Compensation. Pricing is separate from the legal rule: the workers' comp calculator multiplies the payroll, rate and modifier you enter, and the workers' compensation guide explains the coverage.
Auto liability minimums
West Virginia sets these minimum auto liability limits:
- Bodily injury liability: $25,000 per person and $50,000 per accident
- Property damage liability: $25,000 per accident
- In force: since January 1, 2016; the earlier minimums were $20,000, $40,000 and $10,000
- Source: W. Va. Code § 17D-4-2 (West Virginia Legislature)
Vehicles used commercially or for hire can face different or higher federal or state requirements; the commercial auto guide explains what to compare.
Paid leave and disability insurance
According to NCSL's table, last updated November 7, 2025 (NCSL: state family and medical leave laws), cross-checked on October 3, 2026 with the U.S. Department of Labor Women's Bureau, West Virginia has no state paid family and medical leave insurance program and no state temporary disability insurance program.
Because legislatures can create programs, as Virginia did in 2026 (Code of Virginia § 60.2-801), check with the state agency that handles labor and workforce matters before relying on this for a future West Virginia payroll year.
Other requirements to check
In West Virginia, licenses, leases and client contracts can add their own insurance or bond conditions, such as minimum general liability limits; track each one with the certificate of insurance checklist and compare states in the requirements-by-state guide.
Where to verify
- Workers' compensation: West Virginia Offices of the Insurance Commissioner, Workers' Compensation
- Auto liability minimums: W. Va. Code § 17D-4-2 (West Virginia Legislature)
- Paid leave and disability insurance: NCSL state family and medical leave laws and the U.S. Department of Labor Women's Bureau
Bring the questions from our state requirements checklist when you contact them. If you want PolicyBenchmark to follow up on your West Virginia business, request coverage help.
Frequently asked questions
Does a West Virginia business with one employee need workers' compensation?
Generally, yes: West Virginia applies the requirement from the first employee (West Virginia Code 23-2-1, Employers subject to chapter). Exemptions listed above can still apply to particular workers or owners; the agency to ask is the West Virginia Offices of the Insurance Commissioner, Workers' Compensation.
Are West Virginia's auto minimums enough for business vehicles?
West Virginia's minimums are $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage (W. Va. Code § 17D-4-2 (West Virginia Legislature)). They are the lowest limits the law allows. Commercial and for-hire vehicles can face different or higher federal or state requirements, and leases or clients can ask for more.
Does West Virginia require employers to pay into a paid leave program?
No, according to NCSL's table, last updated November 7, 2025: West Virginia has no state paid family and medical leave program and no state temporary disability insurance program. Confirm before planning a future payroll year.
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This content is for informational purposes only and does not constitute insurance advice. Always consult with a licensed insurance professional before making coverage decisions.