West Virginia Code § 23-2-1a

Employees subject to chapter
Open in Lexace · Ask the AI about this section
(a) Employees subject to this chapter are all persons in the service of employers, except
those classified as an independent contractor pursuant to §21-5I-4 of this code, and
employed by them for the purpose of carrying on the industry, business, service, or work in
which they are engaged, including, but not limited to:
(1) Persons regularly employed in the state whose duties necessitate employment of a
temporary or transitory nature by the same employer without the state;
(2) Every person in the service of the state or of any political subudivision or agency thereof,
under any contract of hire, express or implied, and every appointed official or officer thereof
while performing his or her official duties;
(3) Checkweighmen employed according to law; a
(4) All members of rescue teams assisting in mine alccidents with the consent of the owner
who, in such case, shall be deemed the employer, or at the direction of the director of the
department of mines;
(5) All forest firefighters who, under the supervision of the Director of the Division of
Natural Resources or his or her designated representative, assist in the prevention,
confinement, and suppression of any forest fire; and
(6) Students while participating in a work-based learning experience with an employer
approved as a part of the curriculum by the county board. The county board shall be the
employer of record of students while participating in unpaid work-based experiences off
school premises with employers other than the county board. Students in unpaid work-based
learning expeVriences shall be considered to be paid the amount of wages so as to provide the
minimum workers' compensation weekly benefits required by §23-4-6 of this code.
(b) The right to receive compensation under this chapter shall not be affected by the fact
that a minor is employed or is permitted to be employed in violation of the laws of this state
relating to the employment of minors, or that he or she obtained his or her employment by
misrepresenting his or her age.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.