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Restaurant Workers' Comp in West Virginia

What West Virginia requires of restaurants and bars for workers' compensation — when it kicks in, who's exempt, and what it costs.

Reviewed by J. Robert Smith, Licensed Insurance Agent (NPN 10378680). Last updated .

Yes. West Virginia requires workers' compensation for virtually every employer with one or more employees, including restaurants — there is no minimum-employee threshold. Coverage is bought from private carriers or through the assigned-risk plan. West Virginia once ran a monopolistic state fund but privatized it (BrickStreet, now Encova) between 2005 and 2008.

Required?
Yes
Kicks in at
Any employer with 1+ employee; no numeric minimum. Coverage is mandatory statewide with only narrow statutory-exemption categories.
Restaurant rate
NCCI 9082 (restaurant/table service) approx. $0.90–$1.60 per $100 payroll; 9083 (fast food/limited service) approx. $1.10–$1.80. Low-to-moderate cost tier. Approximate, industry tier.
Market
Now a competitive private-carrier market — West Virginia dismantled its monopolistic state fund via BrickStreet Mutual (2005-2008) and opened fully to private insurers on July 1, 2008, with an assigned-risk plan as backstop.

Is workers’ comp required for a restaurant in West Virginia?

West Virginia requires workers' compensation once you reach Any employer with 1+ employee; no numeric minimum. Coverage is mandatory statewide with only narrow statutory-exemption categories.. Casual employers, employers of domestic-service workers, and agricultural employers with five or fewer full-time employees are exempt but may elect coverage. Sole proprietors, partners, and LLC members may be excluded, and up to four principal corporate officers (president, vice-president, secretary, treasurer) may elect out.

What restaurant workers’ comp costs in West Virginia

The restaurant class-code rate in West Virginia is NCCI 9082 (restaurant/table service) approx. $0.90–$1.60 per $100 payroll; 9083 (fast food/limited service) approx. $1.10–$1.80. Low-to-moderate cost tier. Approximate, industry tier.. Your premium is that rate applied per $100 of payroll and adjusted by your experience modifier, so it scales with how many people you employ and your claims history. Now a competitive private-carrier market — West Virginia dismantled its monopolistic state fund via BrickStreet Mutual (2005-2008) and opened fully to private insurers on July 1, 2008, with an assigned-risk plan as backstop.

What owners in West Virginia miss

  • West Virginia was one of the last monopolistic state-fund states, running a single government fund from 1913 until it privatized to BrickStreet Mutual (rebranded Encova in 2019) between 2005 and 2008.
  • Encova still dominates the state's comp market alongside 350-plus competing carriers.
  • Employers unable to obtain voluntary coverage use the Assigned Risk Plan and must document at least two carrier declinations.
  • An Uninsured Employer Fund pays claims against non-compliant employers, and the Offices of the Insurance Commissioner's Employer Coverage Unit polices compliance and processes exemption applications.

Sources

Cost examples are illustrative national figures gathered from public filings and industry surveys. They are not quotes. Your actual premium depends on your state, carrier, revenue, payroll, location, and coverage selections. Restaurant Insurance Authority is an insurance marketing and referral service, not an insurer or licensed agency. We connect business owners with licensed independent commercial-lines agents who specialize in food and beverage. Questions? Call (855) 480-1410.

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