A recent email from a Mid Council colleague asking about West Virginia and Workers’ Compensation prompted a brief journey to get an answer to the question. My learnings prompt me to encourage our churches to take a closer look at Workers’ Compensation insurance.
West Virginia law allows churches to be exempt from Workers’ Compensation laws (see CSR 85-8-4.3d). This means that churches are not required to carry Workers’ Compensation insurance. However, making the choice to accept the exemption may be short-sighted.
The benefits of Workers’ Compensation insurance are designed to flow to both employees and employers when needed. According to Presbytery’s legal counsel, with coverage, the employee gets Workers’ Compensation payments if they are hurt on the job, and employers get immunity from most types of injury lawsuits from their employees.
When a church takes the exemption, forgoing Workers’ Compensation insurance, the employee may sue the employer and the employer is not exempt or immune. The standard liability insurance purchased by a church may not include coverage in Workers’ Compensation situations, leaving the church to bear all of the liability and expenses of an employee accident.
In addition to standard Workers’ Compensation insurance, churches should consider purchasing the additional add-on of deliberate intent coverage, also known as stopgap or Broad Form. This add-on provides coverage for a quirk or loophole in West Virginia Workers’ Compensation laws.
Churches are encouraged to review their Workers’ Compensation coverage with an insurance professional representing a company that specializes in Workers’ Compensation insurance. In addition, if your church uses outside contractors including cleaning services, be sure to request proof of Workers’ Compensation insurance from the contractor. The goal is to keep our churches protected so that the church can focus on ministry and mission.