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Workers' Compensation in West Virginia

If you are injured on the job in West Virginia, or diagnosed with an occupational illness, your medical expenses and other injury-related costs will typically be covered by your employer's workers' compensation insurance. But you may encounter problems when submitting a claim, and a workers' compensation attorney can help guide you through the process.

Workers' Compensation Insurance: The Basics

Workers' compensation insurance is a no-fault insurance plan that covers employees in the event of workplace injuries or occupational diseases. Your employer is responsible for paying all insurance premiums, and workers are typically covered beginning on their first day on the job. The goal of workers' compensation insurance is that it keeps you from having to sue your employer for compensation if you're injured at work.

Employers in West Virginia must either buy workers' compensation insurance from a private insurance company or "self insure," meaning they pay claims out of their own pockets. Because the claims process will vary from insurer to insurer, you should notify your employer immediately if you're injured on the job and ask whether you need to take any specific steps to file a claim.

In many instances, workers' comp claims are paid promptly. If your claim is approved, you'll be entitled to compensation to pay for:

  • Medical treatment
  • Other injury-related medical expenses
  • Lost wages
  • Rehabilitation

Additionally, the family of a worker who is killed on the job or dies of an occupational illness may also be entitled to death benefits.

If your claim is denied, you'll have to appeal the decision to the West Virginia Insurance Commissioner Office of Judges. At your appeal (known as a "protest") you and your workers' comp attorney can present evidence showing why the decision to deny your claim should be overturned.

Find & Hire Local West Virginia Workers' Compensation Attorneys offers a free service that can quickly connect you with workers' comp lawyers in your area, whether you live in Charleston, Huntington or elsewhere in West Virginia. Call us at 877-913-7222 or fill out the form on this page to get started.