West Virginia contractor insurance requirements

Workers' comp in West Virginia

All West Virginia employers are required by law to carry workers' comp. The Offices of the Insurance Commissioner reviews applications for exemption.

The agency in charge is the West Virginia Offices of the Insurance Commissioner. It can tell you whether a specific business needs coverage, and most states let you look up an employer's policy online.

Contractor licensing and insurance

We found no statewide general liability minimum tied to a general contractor license. Cities and counties can set their own licensing and insurance rules, so check where the project is.

Indemnity and additional insured clauses

West Virginia's anti-indemnity statute (W. Va. Code § 55-8-14) voids construction contract clauses that make a contractor indemnify another party for that party's sole negligence. Clauses that cover shared fault are generally allowed.

What to check on a contractor COI for a West Virginia project

1. Workers' comp. Nearly every contractor with employees needs it in West Virginia. A contractor with a crew and no workers' comp on its COI is a gap. For an out-of-state contractor, confirm West Virginia is listed on the workers' comp policy.
2. General liability. West Virginia doesn't set a statewide floor for a general contractor license, so your project requirements set the bar. Compare each limit on the COI with what the contract asks for.
3. Additional insured. The endorsement is a separate promise from the indemnity clause, so check both. Ask for the endorsement itself, not just a box ticked on the certificate.
4. Dates. Every policy should run through the end of the job. A COI only shows coverage on the day it was issued, so check again at each renewal.

Forsured checks every contractor COI against your project requirements, then keeps checking for the life of the project. Send us one project's requirements and a contractor COI or two for a free COI risk check.