I'm not entirely sure on West Virginia, but Texas has actually seen a bit of an upswing since 2007, when they underwent a massive overhaul of the state's work comp policy. The old system basically allowed employers to carry "informal" or "voluntary" insurance in order to keep costs down (especially in dangerous industries). So in answer to your question, yeah sorta, but it's complicated. The bigger issue might be that those dangerous industries are also very lucrative industries which have very powerful local and federal lobbies. And just as a fun insurance fact, New York was rated one of the two worst states in the nation this year in terms of workers' compensation, along with Kentucky. Both states received a Tier VI or "F (and getting worse)" rating.