A West Virginia workers comp exemption lets certain business owners legally go without workers’ compensation coverage on themselves — typically sole proprietors, partners, LLC members and corporate officers — while the law still requires coverage for employees once a business has 1 or more.
This guide explains who qualifies for the West Virginia workers comp exemption, the exact form, where to file it, what it costs, and what an exempt owner gives up. Verified against West Virginia sources as of October 2026.
West Virginia at a Glance
| Coverage required at | 1 employee(s) |
| Exemption form | “Application for Verification of Statutory Exemption from West Virginia Workers’ Compensation Coverage” (WV OIC form “Exempt App,” Rev. 10/2018). An older version, “Application for Exemption from WV Workers’ Compensation” (Rev. 2/25/2011), also appears on wvinsurance.gov. No state form exists for the owner/officer election. That election is made by written notice to the private insurance carrier under §23-2-1(g). |
| Filed with | Mail the exemption application to the WV Offices of the Insurance Commissioner, Employer Coverage Division/Unit. The form lists 900 Pennsylvania Avenue, Charleston, WV 25302. Another listed mailing address for the Employer Coverage Unit is PO Box 50540, Charleston, WV 25305-0540, phone (304) 414-0539. Form PDF: https://www.wvinsurance.gov/Portals/0/Application%20for%20Exemption%20-%20fillable.pdf. Program page: https://www.wvinsurance.gov/Employer-Coverage. The application must be notarized and signed by the employer. Signatures from accountants or agents are not accepted. Owner/officer exclusions go to the employer’s private insurance carrier. |
| Filing fee | $25 |
| Penalty for being uninsured | (1) Criminal, W. Va. Code §61-3-24e. A person, owner, partner, officer or manager who knowingly and willfully fails to subscribe and maintain coverage commits a felony. Penalty: 1 to 10 years in a state correctional facility, or up to 1 year in county or regional jail, plus a fine of up to 2500. A corporation, association or partnership commits a felony with a fine of 2500 to 10000. (2) Civil, W. Va. Code §23-2-8. The uninsured employer is liable to injured employees for damages and loses the fellow-servant, assumption-of-risk and contributory-negligence defenses. (3) Uninsured Employer Fund, W. Va. Code §23-2C-8. The employer must repay all benefits, administrative costs and attorney’s fees paid on its behalf, plus interest under §23-2-13, plus the present value of estimated future payments. (4) Enforcement, W. Va. Code §23-2-5 and §23-2-5a. The OIC notifies employees that the employer is in default. Amounts owed become a lien on all the employer’s property. The OIC can seek an injunction in Kanawha County Circuit Court to stop the business from operating, or require a bond of at least 150 percent of the payments, interest and penalties due. |
In This West Virginia Guide:
Who Qualifies for A West Virginia Workers Comp Exemption
West Virginia limits the election to owners with a real stake in the business; the table below lists the classes and any ownership-percentage or officer-count limit.
W. Va. Code §23-2-1(g) and 85CSR8. A corporation or association may elect not to include as an “employee” any corporate officer or member of the board of directors. The election is limited to 4 principal officers: (1) president, (2) vice president, (3) secretary and (4) treasurer.
Other officers or assistant officers appointed under the bylaws are not eligible for the election, unless they are also directors or one of those 4 principal officers. To make the election, the employer gives its private carrier written notice naming the excluded positions and the names and Social Security numbers of the people in them. Once that notice is served, those people are not employees under Chapter 23.
Partners, and members or managers of an LLC, may be elected out of coverage under W. Va. Code §23-2-1(g), by written notice to the carrier. W. Va. Code §31B-12-1207 (“Equality of workers’ compensation treatment”) says that covered members of an LLC taxed as a partnership have their premium calculated the same way as partners under §23-2-1b.
An LLC that already excluded a member before §31B-12-1207 took effect is treated as having made a valid election until it changes it.
How to File the West Virginia Workers Comp Exemption
The form is “Application for Verification of Statutory Exemption from West Virginia Workers’ Compensation Coverage” (WV OIC form “Exempt App,” Rev. 10/2018). An older version, “Application for Exemption from WV Workers’ Compensation” (Rev. 2/25/2011), also appears on wvinsurance.gov. No state form exists for the owner/officer election. That election is made by written notice to the private insurance carrier under §23-2-1(g)..
It is filed with Mail the exemption application to the WV Offices of the Insurance Commissioner, Employer Coverage Division/Unit. The form lists 900 Pennsylvania Avenue, Charleston, WV 25302. Another listed mailing address for the Employer Coverage Unit is PO Box 50540, Charleston, WV 25305-0540, phone (304) 414-0539. Form PDF: https://www.wvinsurance.gov/Portals/0/Application%20for%20Exemption%20-%20fillable.pdf. Program page: https://www.wvinsurance.gov/Employer-Coverage. The application must be notarized and signed by the employer.
Signatures from accountants or agents are not accepted. Owner/officer exclusions go to the employer’s private insurance carrier.. The fee is $25. Filing on the state’s own site costs nothing beyond any statutory fee — the “exemption filing services” that advertise on this search charge for the same form.
West Virginia Workers Comp Exemption Rules at a Glance
The exact West Virginia workers comp exemption rules every owner should check before deciding to go without coverage:
| Employee threshold | 1 |
| Corporate officers | W. Va. Code §23-2-1(g) and 85CSR8. A corporation or association may elect not to include as an “employee” any corporate officer or member of the board of directors. The election is limited to 4 principal officers: (1) president, (2) vice president, (3) secretary and (4) treasurer. Other officers or assistant officers appointed under the bylaws are not eligible for the election, unless they are also directors or one of those 4 principal officers. To make the election, the employer gives its private carrier written notice naming the excluded positions and the names and Social Security numbers of the people in them. Once that notice is served, those people are not employees under Chapter 23. |
| LLC members and partners | Partners, and members or managers of an LLC, may be elected out of coverage under W. Va. Code §23-2-1(g), by written notice to the carrier. W. Va. Code §31B-12-1207 (“Equality of workers’ compensation treatment”) says that covered members of an LLC taxed as a partnership have their premium calculated the same way as partners under §23-2-1b. An LLC that already excluded a member before §31B-12-1207 took effect is treated as having made a valid election until it changes it. |
| Form | “Application for Verification of Statutory Exemption from West Virginia Workers’ Compensation Coverage” (WV OIC form “Exempt App,” Rev. 10/2018). An older version, “Application for Exemption from WV Workers’ Compensation” (Rev. 2/25/2011), also appears on wvinsurance.gov. No state form exists for the owner/officer election. That election is made by written notice to the private insurance carrier under §23-2-1(g). |
| Where to file | Mail the exemption application to the WV Offices of the Insurance Commissioner, Employer Coverage Division/Unit. The form lists 900 Pennsylvania Avenue, Charleston, WV 25302. Another listed mailing address for the Employer Coverage Unit is PO Box 50540, Charleston, WV 25305-0540, phone (304) 414-0539. Form PDF: https://www.wvinsurance.gov/Portals/0/Application%20for%20Exemption%20-%20fillable.pdf. Program page: https://www.wvinsurance.gov/Employer-Coverage. The application must be notarized and signed by the employer. Signatures from accountants or agents are not accepted. Owner/officer exclusions go to the employer’s private insurance carrier. |
| Fee | $25 |
| Proof of exemption or coverage | Insured employers show a certificate of insurance from their private carrier. Anyone can check coverage for free with the OIC’s Proof of Coverage (POC) / Coverage Verification (CVS) search by business name or FEIN, which the OIC maintains with NCCI. The search only shows business name and policy number for employers with WV coverage. A statutorily exempt employer can show the OIC’s letter of exemption, issued after the Employer Coverage Unit approves the application. Links: https://www.wvinsurance.gov/Employer-Coverage and https://icomp.wvinsurance.gov/ |
What A West Virginia Workers Comp Exemption Gives Up
An excluded owner or officer is not an “employee” under Chapter 23. In general that means no wage-replacement or medical benefits through the employer’s policy if injured on the job. Confirm with the OIC and a licensed West Virginia attorney.
One honest paragraph on the “ghost policy”: a minimum-premium policy with no employees sold to owners who need a certificate of insurance. It is legal in many states, but it is not a West Virginia workers comp exemption — it is coverage with nobody on it. If you add a worker, it must be reported, or the audit will find them.
Workers Exempt by Law in West Virginia
Separate from the owner’s election, West Virginia law exempts some classes of workers from coverage — commonly domestic workers below a threshold, casual labor, some farm labor and licensed real-estate agents paid by commission. A worker who does not fit a listed class counts toward the threshold, no matter what the 1099 says.
Proving A West Virginia Workers Comp Exemption or Coverage
Insured employers show a certificate of insurance from their private carrier. Anyone can check coverage for free with the OIC’s Proof of Coverage (POC) / Coverage Verification (CVS) search by business name or FEIN, which the OIC maintains with NCCI. The search only shows business name and policy number for employers with WV coverage.
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A statutorily exempt employer can show the OIC’s letter of exemption, issued after the Employer Coverage Unit approves the application. Links: https://www.wvinsurance.gov/Employer-Coverage and https://icomp.wvinsurance.gov/
Why the West Virginia Workers Comp Exemption Matters
The West Virginia workers comp exemption is a trade: lower cost today against no safety net if you are hurt. The second half of the trade is the one the search results never lead with. (1) The OIC only accepts the exemption verification application from statutorily exempt employers listed in 85CSR8 §4.3, such as domestic, agricultural (5 or fewer), casual, churches, professional sports and volunteer rescue squads.
The 2011 version of the form also covered sole proprietors and partnerships with no employees, and sole officers of a corporation. (2) The corporate-officer exclusion is capped at the 4 principal officers. Other appointed officers cannot be elected out. (3) West Virginia moved from a state fund to a private market after 2005. Coverage now comes from private carriers or approved self-insurance, and the OIC enforces compliance.
(4) Under §23-2-1, employers must also file business registration certificates. For details, confirm with the OIC and a licensed attorney. If the West Virginia workers comp exemption rules above leave any doubt about whether a worker counts, ask the state agency before you decide — the answer is free, and the penalty for guessing wrong is not.
Employer side: the West Virginia requirements guide covers the threshold, who counts and the penalties in full. Hurt while exempt? You may still have a claim against a third party — a licensed attorney can say.
Frequently Asked Questions
Who can file a workers comp exemption in West Virginia?
Typically owners with a real stake — sole proprietors, partners, LLC members and qualifying corporate officers — not employees. See the table for West Virginia’s rule.
What form is the West Virginia workers comp exemption?
“Application for Verification of Statutory Exemption from West Virginia Workers’ Compensation Coverage” (WV OIC form “Exempt App,” Rev. 10/2018). An older version, “Application for Exemption from WV Workers’ Compensation” (Rev. 2/25/2011), also appears on wvinsurance.gov. No state form exists for the owner/officer election. That election is made by written notice to the private insurance carrier under §23-2-1(g)..
File it on the state’s own site; filing services charge for the same form.
Can an exempt owner in West Virginia still collect benefits if hurt?
No. An exemption removes the owner from coverage, so there is no claim for medical care or lost wages. That is the trade.
Official West Virginia Sources & Resources
- West Virginia West Virginia Offices of the Insurance Commissioner (OIC), Workers’ Compensation / Employer Coverage Unit: https://www.wvinsurance.gov/workers-compensation
- West Virginia Workers’ Comp Statute: https://code.wvlegislature.gov/23-2-1/
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This West Virginia workers comp exemption guide was last verified against official West Virginia sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.