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 85-8-4 - Employers Required to Maintain Workers' Compensation Insurance; Exemptions; Application for Letter of Exemption

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Duty to maintain insurance. Every
				employer is required to obtain West Virginia workers' compensation coverage for
				the protection of its employees.
4.2. Every employer has a continuous and
				ongoing duty to maintain current information with its current private carrier
				about the employer's business activities, including all information that could
				affect the employer's payroll or premium.
4.3. Exemptions. An employer who is otherwise
				required to maintain mandatory West Virginia workers' compensation coverage is
				exempt from the requirement in the following circumstances;
4.3.1. An employer of domestic services as
				defined in section 3.3 of this rule is not required to carry West Virginia
				workers' compensation coverage for any individuals hired to perform such
				domestic services;
4.3.2. An
				employer of five (5) or fewer full-time employees in agricultural services is
				not required to carry West Virginia workers' compensation coverage for those
				employees;
4.3.3. An employer who
				is a casual employer;
4.3.4. An
				employer who is a church;
4.3.5. An
				employer who is engaged in organized professional sports activities, including
				an employer of trainers and jockeys engaged in thoroughbred horse racing;
Provided
, That the employer must carry coverage for its
				employees who are not participating in the organized professional sports
				activities. For example, an employer of jockeys and trainers engaged in
				thoroughbred horse racing may exempt such jockeys and trainers, but if the same
				employer also employs a driver to transport horses and equipment, the driver
				must be provided coverage;
4.3.6. A
				volunteer rescue squad or volunteer police auxiliary unit organized under the
				auspices of a county commission, municipality or other government entity or
				political subdivision, or a volunteer organization created or sponsored by a
				government entity, political subdivisions or an area or regional emergency
				medical service board of directors in furtherance of the purposes of the
				emergency medical services act of article four-c [§§
										16-4C-1
et seq
.], chapter sixteen of the West Virginia Code;
Provided
, That if any such employers have paid employees, they
				must provide West Virginia workers' compensation for such paid employees;
				or
4.3.7. An employer of employees
				who are provided coverage for benefits under the federal
Longshore and
				Harbor Workers' Compensation Act
,
				33
				U. S. C. §
											901,
et
				seq
., is exempt from having to carry West Virginia workers'
				compensation coverage for such employees, but must provide West Virginia
				workers' compensation coverage for employees who are not provided coverage for
				benefits under the federal
Longshore and Harbor Workers' Compensation
				Act
.