Workers' Comp Rates — Class 9014

Workers' Comp for Janitorial in West Virginia (2026)

West Virginia's 2026 NCCI filing brings a remarkable -13.5% voluntary market decrease — the largest rate reduction in this batch and part of a multi-year trend of aggregate loss cost decreases exceeding 82% since the 2006 privatization from the BrickStreet monopoly fund. The current max TTD of $1,109.90/week (7/1/2025) is moderate, making WV a cost-competitive market for janitorial operators.

Competitive market (privatized 2006; formerly monopolistic BrickStreet Fund)Statute: W. Va. Code §23-1-1 et seq. (Workers' Compensation Act); benefit formula at §23-4-6; employer insurance obligation at §23-2-1; penalty at §23-2-8; West Virginia Insurance Commissioner oversees carrier regulationEffective: Current; 2025–2026 rates (max $1,109.90/week effective 7/1/2025 per SSA POMS chart; NCCI WV 2025 advisory forum filing: -13.5% voluntary market decrease effective 1/1/2026)Last reviewed: Q2 2026
State
West Virginia
Governing Statute
W. Va. Code §23-1-1 et seq. (Workers' Compensation Act); benefit formula at §23-4-6; employer insurance obligation at §23-2-1; penalty at §23-2-8; West Virginia Insurance Commissioner oversees carrier regulation
NCCI Class Code 9014 — Janitorial Services by Contractors, No Window Cleaning Above Ground Level & Drivers
Enforcement Agency
West Virginia Insurance Commissioner — Workers' Compensation Division; 900 Pennsylvania Ave, Charleston, WV 25302; wvinsurance.gov; and West Virginia Offices of the Insurance Commissioner; Workers' Compensation Board of Review for claim disputes
Civil Penalty
Failure to insure: criminal misdemeanor (W. Va. Code §23-2-8); civil penalty: up to $10,000 plus up to $500/day for each day of continued noncompliance; employer personally liable for all WC benefits during uninsured period; injured employee may bring civil tort action against uninsured employer; WV OIC may seek injunction to halt business operations

How workers' comp works for janitorial in West Virginia

West Virginia transitioned from a monopolistic state fund (BrickStreet Insurance, formerly the WV Workers' Compensation Commission) to a competitive private insurance market effective July 1, 2008, following privatization legislation enacted in 2006. Today, over 350 carriers offer WC insurance in West Virginia, regulated by the West Virginia Offices of the Insurance Commissioner (OIC). NCCI serves as West Virginia's rating bureau and statistical agent. Since privatization, aggregate loss costs have decreased more than 82% — transforming West Virginia from one of the most expensive WC states in the country to a highly competitive market. The 2026 NCCI filing proposes a further -13.5% decrease effective January 1, 2026, the largest single-year decrease in this nine-state batch.

Class code and rate (2026)

  • Code 9014 — Janitorial Services by Contractors, No Window Cleaning Above Ground Level & Drivers. West Virginia NCCI filed a -13.5% voluntary market loss cost decrease and -13.9% assigned risk market rate decrease effective January 1, 2026 (per NCCI WV 2025 advisory forum filing; announced by Governor Morrisey August 11, 2025). Indicative market rate for WV 9014 pre-reduction: approximately $1.90/$100 payroll; post-reduction: approximately $1.65/$100. Confirm current rate via NCCI Class Lookup (ncci.com) or WV OIC filings.
  • Code 9170 — Janitorial with above-ground window cleaning. Higher rate; separate payroll required.

Indemnity benefits (West Virginia 2026)

  • Max weekly TTD: $1,109.90 (effective 7/1/2025 per SSA POMS benefit chart; = 66.67% of WV average weekly wage earnings, not to exceed 100% of WV AWW; W. Va. Code §23-4-6(b)). Annual reset July 1.
  • Min weekly TTD: approximately $370/week (= 33.33% of WV AWW based on 2025 maximum; §23-4-6(b)); cannot exceed the applicable federal minimum hourly wage.
  • Waiting period: 3 calendar days — first 3 days are not compensable unless disability extends; compensation begins from day 1 if disability exceeds 3 days (W. Va. Code §23-4-5).
  • TTD maximum duration: 104 weeks aggregate from award date for injuries on or after 2003 enactment (§23-4-6(c)).
  • Compensation rate: 66.67% of average weekly wage, capped at 100% of WV SAWW (§23-4-6(b)).
  • PPD: calculated at 4 weeks compensation per 1% of whole-body impairment at the applicable rate (§23-4-6(e)); capped at 70% of WV AWW. PTD: 66.67% of AWW not to exceed 100% of WV AWW, payable indefinitely.

Coverage thresholds and exemptions

  • Mandatory for virtually all employers with 1 or more employees; W. Va. Code §23-2-1.
  • Agricultural employers and domestic servants are excluded; casual employees not in the regular course of business may be excluded in some circumstances.
  • Corporate officers of closely held corporations may elect exclusion.
  • Independent contractor test: West Virginia uses a multi-factor test under §23-2-1a; janitorial workers directed by a contractor are typically statutory employees regardless of contract language.

Failure-to-insure penalty

Under W. Va. Code §23-2-8, failure to maintain required workers' compensation insurance is a criminal misdemeanor. Civil penalties include up to $10,000 plus up to $500 per day for each day of continued noncompliance. The employer is personally liable for all WC benefits during the uninsured period, and injured employees may bring a civil tort action against the uninsured employer — with no statutory immunity available. The WV Offices of the Insurance Commissioner may also petition a court for an injunction to halt business operations until coverage is secured.

Cost drivers specific to janitorial in West Virginia

  • Top injuries (BLS NAICS 561720): slips/falls, back/shoulder strains, chemical exposure — West Virginia's energy and mining sector creates specialized facility cleaning demand with elevated industrial hazard exposure.
  • West Virginia's 82%+ aggregate loss cost decrease since 2006 privatization — and the additional -13.5% in 2026 — reflects dramatically improved claims outcomes, medical cost containment, and a more competitive carrier environment. West Virginia is now a low-cost WC market for janitorial.
  • The 104-week TTD maximum cap (for post-2003 awards) limits the worst-case indemnity exposure on any single claim to approximately $115,430 at the $1,109.90/week maximum.
  • Bid-math note: at ~$1.65/$100 (post-1/1/2026 rate reduction), load WC at approximately 1.65% of gross wages in West Virginia bids — among the lowest rates in this batch.

Primary sources

Sources

This page is informational only. It does not constitute legal advice, tax advice, or a professional compliance determination. Laws vary by state and locality, change over time, and apply differently depending on your specific facts and circumstances. Before taking any action with legal or business consequences, consult a licensed attorney or CPA qualified in your jurisdiction.