West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-08 - Workers' Compensation Policies, Coverage Issues And Related Topics › Section 85-8-7 - Extraterritorial Coverage and Related Issues

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Extraterritorial employees working in
				West Virginia on a temporary basis. Extraterritorial employees performing work
				in the State of West Virginia on a temporary basis (i.e., for a period not
				exceeding thirty (30) calendar days in any three hundred and sixty-five (365)
				day period) are not required to be covered with West Virginia workers'
				compensation coverage. If an extraterritorial employee is injured while working
				in this state on a temporary basis, the extraterritorial employee's exclusive
				workers' compensation remedy is under the laws of the state to which the
				extraterritorial employee is subject.
7.2. Extraterritorial employees working in
				West Virginia on a non-temporary basis. Extraterritorial employees who perform
				work in the State of West Virginia on a non-temporary basis (i.e., for a period
				exceeding thirty (30) calendar days in any three hundred and sixty-five (365)
				day period) and are not otherwise exempt from West Virginia's workers'
				compensation laws must be covered with West Virginia workers' compensation
				coverage unless they enter into an agreement with their employer described
				under section 7.4 of this rule. An employer of extraterritorial employees has a
				duty to immediately advise its West Virginia private carrier when it reasonably
				believes it will be employing extraterritorial employees in the State of West
				Virginia on a non-temporary basis, so that premium can be adjusted
				accordingly.
7.3. Employment by a
				West Virginia employer outside of the State of West Virginia. Pursuant to West
				Virginia Code §
									23-2-1(b)(3)
				and subsection 4.3.3 of this rule, an employer that is otherwise subject to the
				provisions of chapter twenty-three of the West Virginia Code does not have to
				provide West Virginia workers' compensation coverage for employees who perform
				work for the employer in a state other than the State of West Virginia on a
				non-temporary basis (i.e., for a period exceeding thirty (30) calendar days in
				any three hundred and sixty-five (365) day period);
Provided
,
				That the employer must provide West Virginia workers' compensation coverage for
				any employee working in the State of West Virginia and who is not otherwise
				exempt from West Virginia's workers' compensation laws on a non-temporary basis
				(i.e., for a period exceeding thirty (30) calendar days in any three hundred
				and sixty-five (365) day period) unless the employee has entered into an
				extraterritorial agreement described in section 7.4 of this rule.
7.4. Agreements to be covered in a state
				other than West Virginia. An employer and an employee who are both subject to
				the workers' compensation laws of a state other than West Virginia may enter
				into a written agreement in which the employer and employee both agree to be
				bound by the laws of the other state;
Provided
, That any
				employee entering into such an agreement must physically work for the employer
				entering into such agreement outside of the State of West Virginia for a period
				of not less than thirty (30) calendar days in any three hundred and sixty-five
				(365) day period, and the employer must comply with the workers' compensation
				laws of the other state(s). Failure to meet these circumstances shall cause any
				agreement contemplated under this section to be void from its beginning:
Provided, further
. That an agreement entered into by an
				employer carrying West Virginia workers' compensation coverage shall
				immediately be provided to the employer's West Virginia carrier so that premium
				can be adjusted accordingly. If an employee who has entered into an
				extraterritorial agreement as described in this section is injured, the
				extraterritorial employee's exclusive workers' compensation remedy is under the
				laws of the state to which the employee has agreed to be bound.
7.5. Agreements to be covered in West
				Virginia. With the consent of its West Virginia private carrier, an employee
				and employer may agree to be bound by the workers' compensation laws of West
				Virginia, regardless of where and for what amount of time the work is being
				performed;
Provided
, That this section shall not be construed
				in any manner to affect the workers' compensation insurance requirements of a
				state other than West Virginia.