Retaliation for Filing Workers' Comp in West Virginia

No employer may discriminate in any way against a current or former employee because the employee received or tried to receive workers' compensation benefits. It is also a discriminatory practice to fire an injured employee who is off work and receiving or eligible for temporary total disability, unless for a separate offense unrelated to the injury, or to fail to reinstate the employee to the former (or a comparable available) position on written demand when the employee is able to do the work. Employers that provide health insurance may not cancel or reduce it while the employee is receiving temporary disability benefits.

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).