W. Va. Code § 21-3A-4: Application of article.

(a) This article applies to all public employers, public employees and public workplaces within the State of West Virginia.

(b) Nothing in this article may be construed to supersede or in any manner affect any workers' compensation law or to diminish in any manner common law or statutory rights, duties or liabilities of employers or employees, under any law with respect to injuries, diseases or death of employees arising out of and in the course of employment.