What is the status of Workers' Compensation in West Virginia?

The correct status of Workers' Compensation in West Virginia is that it is compulsory with no waivers permitted. This means that employers are required by law to carry Workers' Compensation insurance for their employees, ensuring that workers who are injured on the job receive medical benefits and wage-loss compensation without having to prove fault or negligence on the part of the employer.

This mandatory approach aims to protect both employees, providing them access to necessary support in the event of workplace injuries, and employers, by offering a structured method to handle occupational injury claims and potentially mitigate legal liabilities. The absence of waivers or options for employers to opt out strengthens the system’s integrity and reliability, ensuring comprehensive coverage for workers across the state.

In contrast, other options such as voluntary status or optional coverage would imply that employers could decide whether to obtain this insurance, which is not the case in West Virginia. Furthermore, the notion that only public sector employers are required to carry Workers' Compensation insurance does not align with the comprehensive nature of the law that mandates all employers, regardless of sector, to comply.