Appealing a Denied Workers' Comp Claim in West Virginia
The deadline to challenge a denied workers' comp claim in West Virginia, where to file, and the steps from hearing to appeal.
Short answer: A decision by the Insurance Commissioner, private carrier or self-insured employer on a claim is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receipt of the decision; W. Va. Code §§ 23-5-1a(b)(1), 23-5-12a(a)
| Deadline to challenge a denial | A decision by the Insurance Commissioner, private carrier or self-insured employer on a claim is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receipt of the decision; the deadline is jurisdictional. A party aggrieved by the Board of Review's decision may appeal to the West Virginia Intermediate Court of Appeals by filing a written notice of appeal within 30 days after receiving notice of the decision, and in any event within 60 days after the decision date. These sections took effect July 1, 2022, replacing the former Office of Judges procedure (§§ 23-5-1, 23-5-12, now repealed). |
|---|---|
| Appealing a denial | A decision by the carrier, self-insured employer or Insurance Commissioner is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receiving it, with copies served on the other parties. A party aggrieved by a Board of Review decision may appeal to the West Virginia Intermediate Court of Appeals by filing a notice of appeal within 30 days after receiving notice of the decision (and in any event within 60 days of the decision). |
| Deadline to file a claim | An application for compensation must be filed on the prescribed form with the Insurance Commissioner, the private carrier or the self-insured employer (whichever applies) within six months after the injury or death; otherwise the right to compensation is forever barred. Occupational pneumoconiosis and other occupational disease claims have separate, longer time limits (for occupational pneumoconiosis, three years). Source: W. Va. Code § 23-4-15 |
Where to get help in West Virginia
More West Virginia workers' compensation
- Filing a Workers' Comp Claim in West Virginia
- How Much Workers' Comp Pays in West Virginia
- Workers' Comp Settlements in West Virginia
- Retaliation for Filing Workers' Comp in West Virginia
- Suing Over a Work Injury in West Virginia
- All West Virginia workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in West Virginia?
A decision by the Insurance Commissioner, private carrier or self-insured employer on a claim is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receipt of the decision; the deadline is jurisdictional. A party aggrieved by the Board of Review's decision may appeal to the West Virginia Intermediate Court of Appeals by filing a written notice of appeal within 30 days after receiving notice of the decision, and in any event within 60 days after the decision date.
How do you appeal a denied workers' comp claim in West Virginia?
A decision by the carrier, self-insured employer or Insurance Commissioner is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receiving it, with copies served on the other parties. A party aggrieved by a Board of Review decision may appeal to the West Virginia Intermediate Court of Appeals by filing a notice of appeal within 30 days after receiving notice of the decision (and in any event within 60 days of the decision).
What is the deadline to file a workers' comp claim in West Virginia?
An application for compensation must be filed on the prescribed form with the Insurance Commissioner, the private carrier or the self-insured employer (whichever applies) within six months after the injury or death; otherwise the right to compensation is forever barred. Occupational pneumoconiosis and other occupational disease claims have separate, longer time limits (for occupational pneumoconiosis, three years).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.