A fund called the Uninsured Fund was set up last year due to a “law passed that provided for privatization of workers' compensation through the Brickstreet Mutual Insurance Co.” This fund takes care of workers injured at a company without workers compensation coverage.
The Insurance Commission is compiling a list of all the uninsured employers and will start publishing those names according to Insurance Commissioner Jane Cline. Another strategy is to “notify the uninsured employers that they have given up their immunity to be sued by an injured claimant and are personally liable,” Cline said.
In addition the Insurance Commission has “the ability to go to court and seek injunctions against these uninsured employers” and is also “working with other agencies, such as the state Division of Labor, Lottery Commission and Alcohol Beverage Control Commission, to suspend the state licenses of uninsured employers.”
West Virginia could become the first state with a close to 100% rate of employers with workers compensation coverage. That is if they continue to press with the aforementioned strategies. Another thing, if you own a business you need to purchase workers comp not only because it is the law but for the wellbeing and security of your employees. If you can’t afford it then you should not have a business with employees.
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