West Virginia Unpaid Interns May be Eligible for Worker's Compensation
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How to fill out Unpaid Interns May Be Eligible For Worker's Compensation?
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FAQ
Workers' compensation laws apply a broad definition of the word employee and may cover interns regardless of whether they are paid or not. Accordingly, interns whether paid or unpaid are eligible for workers' compensation benefits in most cases.
West Virginia requires all businesses to carry workers' compensation insurance, with some exceptions. This policy provides medical benefits and wage loss benefits for employees who are injured on the job.
Workers' compensation not only protects your business from financial loss, but it is also required by law in most states if you have employees. Workers' compensation insurance provides valuable protection for you and your employees.
Nearly all employers in West Virginia must carry workers' compensation insurance. The WV workers' compensation system provides benefits if your employees get an injury or illness from their job. Workers' comp also helps protect your business from the liability of work-related incidents.
In order to apply for a workers' compensation exemption, the applicant must complete and submit a Notice of Election to be Exempt online via the Florida Division of Workers' Compensation. The exemption application process is fairly straightforward once you determine that you have met the qualifications.
An intern might be eligible for workers' compensation coverage if they are unpaid but their duties and schedule are directly controlled by you as the employer.
Unpaid internships are legal if the intern is the primary beneficiary of the arrangement. This is determined by the seven-point Primary Beneficiary Test. If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to minimum wage.
Employers who hire unpaid interns face potential legal troubles, including costly class action lawsuits. Recently, unpaid interns brought a class-action lawsuit against Mary-Kate and Ashley Olsen's entertainment company, Dualstar Entertainment Group, LLC.
West Virginia has moved from being the sole monopolistic carrier to a competitive market with 275 carriers offering workers' compensation insurance to the state's employers. In addition to lower premium rates, other factors have contributed to reducing costs in the state's workers' comp program.
An injured worker's wage paid is 66 2/3%. The weekly payment minimum is $175.33, 33 1/3% of the West Virginia state average weekly wage and may not exceed the Federal minimum hourly wage. The weekly maximum is $526, 100% of the West Virginia state average weekly wage. Maximum period of payments is 104 weeks.
