Workers' Compensation Coverage for Volunteers in West Virginia and the Role of Exempt Officers

Who Needs Coverage?

In West Virginia, workers' compensation applies to employees, but volunteers can also be covered if they perform work that is part of the organization's business and if the volunteer's actions are considered a "risk of injury." Courts and the Department of Labor and Industry have ruled that volunteers who act under a contract or are directed by staff may be treated like employees for insurance purposes.

Exempt Officers: A Special Case

Certain officers—typically board members or volunteers who hold a title of "Officer" and have voting or managerial authority—are classified as exempt. Exempt officers are not covered by workers' comp unless they are performing tasks that are part of the organization's business and are not merely ceremonial. If an exempt officer sustains an injury while leading an event, the organization may still need to file a claim.

Determining Coverage Needs

To decide whether to insure volunteers, ask:

• Is the volunteer performing tasks that could cause injury?
• Does the organization control the volunteer's work environment?
• Is the volunteer's activity part of the organization's mission?

Answering "yes" to any of these signals a potential coverage requirement.

Coverage Options

West Virginia offers three main pathways:

• Standard workers' compensation policy – covers injury regardless of volunteer status if the volunteer meets the risk criteria.
• Volunteer injury insurance – a rider added to a general liability policy that limits liability and covers medical costs.
• Self‑insurance – only feasible for larger organizations that meet the state's financial thresholds.

Claims Process

When a volunteer is injured, report the incident promptly to the organization's insurance carrier. The claim must include:

• Details of the injury and how it occurred.
• The volunteer's role and responsibilities.
• Any evidence of supervision or control by the organization.

Failure to report can delay benefits and may result in penalties.

Best Practices for Prevention

Implementing safety protocols reduces the need for insurance coverage:

• Provide safety training for all volunteers.
• Maintain clear job descriptions and supervision structures.
• Regularly review volunteer activities against state regulations.

Bottom Line

While volunteers in West Virginia are generally exempt from workers' comp, many fall under coverage if they perform business‑related work or if they are exempt officers engaged in active duties. Organizations should assess risk, choose an appropriate coverage plan, and maintain thorough documentation to protect both volunteers and the organization.