Filing a Workers' Comp Claim in West Virginia
The deadlines to report a work injury and file a claim in West Virginia, how to file, and how to appeal a denial.
Short answer: An injured employee (or representative) must give the employer or its agent written notice of the injury immediately, or as soon as practicable, stating the employer's and employee's names and addresses, the time, place, nature and cause of the injury, and whether temporary total… W. Va. Code § 23-4-1a
| Deadline to report the injury | An injured employee (or representative) must give the employer or its agent written notice of the injury immediately, or as soon as practicable, stating the employer's and employee's names and addresses, the time, place, nature and cause of the injury, and whether temporary total disability resulted. Notice may be delivered personally or sent by certified mail to the employer. Source: W. Va. Code § 23-4-1a |
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| 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 |
| How to file | Give your employer written notice of the injury, then file an application for benefits on the form prescribed by the Insurance Commissioner with your employer's private insurance carrier or self-insured employer (or the Insurance Commissioner, where applicable) within six months. The employer's carrier can be found on the workplace notice or through the Offices of the Insurance Commissioner's Coverage Verification System at www.wvinsurance.gov/Employer-Coverage. |
| 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). |
| Filing or checking a claim online | Under the Insurance Commissioner's workers' compensation rule, immediately after a workplace injury you should get necessary medical care, give your employer written notice as soon as practicable (notice within two working days counts as immediate), and file a workers' compensation claim or ask that one be filed for you. Failing to give prompt notice weighs against your claim. |
Where to get help in West Virginia
More West Virginia workers' compensation
- 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
- Appealing a Denied Workers' Comp Claim in West Virginia
- All West Virginia workers' compensation rules
FAQ
How long do you have to report a work injury in West Virginia?
An injured employee (or representative) must give the employer or its agent written notice of the injury immediately, or as soon as practicable, stating the employer's and employee's names and addresses, the time, place, nature and cause of the injury, and whether temporary total disability resulted. Notice may be delivered personally or sent by certified mail to the employer.
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).
How do you file a workers' comp claim in West Virginia?
Give your employer written notice of the injury, then file an application for benefits on the form prescribed by the Insurance Commissioner with your employer's private insurance carrier or self-insured employer (or the Insurance Commissioner, where applicable) within six months. The employer's carrier can be found on the workplace notice or through the Offices of the Insurance Commissioner's Coverage Verification System at www.wvinsurance.gov/Employer-Coverage.
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).
How do I file or check a workers' comp claim online in West Virginia?
Under the Insurance Commissioner's workers' compensation rule, immediately after a workplace injury you should get necessary medical care, give your employer written notice as soon as practicable (notice within two working days counts as immediate), and file a workers' compensation claim or ask that one be filed for you. Failing to give prompt notice weighs against your claim.
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.