WVC 23 - 2 - 6
§23-2-6. Exemption of contributing employers from liability.
Any employer subject to this chapter who subscribes and pays
into the workers' compensation fund the premiums provided by this
chapter or who elects to make direct payments of compensation as
provided in this section is not liable to respond in damages at
common law or by statute for the injury or death of any employee,
however occurring, after so subscribing or electing, and during any
period in which the employer is not in default in the payment of
the premiums or direct payments and has complied fully with all
other provisions of this chapter. Continuation in the service of
the employer shall be considered a waiver by the employee and by
the parents of any minor employee of the right of action as
aforesaid, which the employee or his or her parents would otherwise
That in case of employers not required by this
chapter to subscribe and pay premiums into the workers'
compensation fund, the injured employee has remained in the
employer's service with notice that his or her employer has elected
to pay into the workers' compensation fund the premiums provided by
this chapter, or has elected to make direct payments as aforesaid.