W. Va. Code R. § 85-11-19

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 85-11-19 - Uninsured Fines

19.1. Any employer that fails to maintain West Virginia workers' compensation coverage for any period, regardless of whether the employer has such coverage at the time the uninsured period is discovered, shall, subject to the limitations of subsection 19.2 of this section, be fined by the Commissioner an amount equal to twice the amount of monthly base premium as calculated at the beginning of the uninsured period for each month, or portion of each month, the employer is or was without West Virginia workers' compensation coverage.

19.2. Pursuant to W. Va. Code § 23-2C-8(d)(3), no fine imposed in this section for a single continuous period of failing to maintain West Virginia workers' compensation coverage shall exceed ten thousand dollars ($10,000). However, if an employer procures West Virginia workers' compensation coverage following a period of failing to maintain such coverage and then thereafter again fails to maintain such coverage, they will again be subject to a fine pursuant to subsection 19.1 of this section of up to ten thousand dollars ($10,000).