West Virginia Workers’ Compensation Claims

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

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If you have been injured at work or fallen ill because of repeated exposure to hazardous materials at your workplace and you are seeking to recover workers’ compensation benefits, filing a claim for West Virginia workers’ compensation is imperative. West Virginia workers’ compensation claims should be filed with the West Virginia Insurance Commissioner within a specific time period. West Virginia law makes it mandatory that West Virginia employers carry workers’ compensation insurance for most employees. However, independent contractors may not be covered under West Virginia workers’ compensation, as coverage for independent contractors is not mandatory. Seeking out the services of an experienced West Virginia workers’ compensation attorney is advisable, especially if your claim is a complex one.

Process for West Virginia Workers’ Compensation Claims

Report your injury to your manager, supervisor, or employer as soon as possible. The statute of limitations to file a claim for workers’ compensation benefits for a workplace injury in West Virginia is six months from the time you were injured or three years from the time your doctor informs you that you have an occupational illness, or three years from your last exposure to a hazardous condition at your work-site.

Immediately see a doctor about your work-related medical condition. Make sure that the treating physician knows that your injury or disease is connected to your occupation. Mentioning the connection between your injury or disease and your place of employment is important, because if it turns out that your injury is hard to prove, solid evidence will be necessary. Showing the connection between your job and your injury from the start is important to get the West Virginia workers’ compensation benefits you need and deserve, especially if your injury is severe in nature and could potentially lead to long-term disability.

Finally, discuss any questions or concerns you may have about your West Virginia workers’ compensation claim with an experienced West Virginia workers’ compensation attorney.

Reasons to Hire a West Virginia Workers’ Compensation Attorney

A West Virginia workers’ compensation lawyer can assist you in keeping track of filing deadlines for your workers’ compensation claim and in filing the claim itself. Additionally, an attorney can help explain the rights and benefits to which you are entitled under West Virginia workers’ compensation law. If your boss does not have insurance, has too little insurance, or is uncooperative and disputes your claim, a West Virginia workers’ compensation lawyer can compellingly argue your claim for benefits to the West Virginia Insurance Commissioner.

If a third party was partially at fault for your injury and you wish to recover from the third party in addition to receiving your workers’ compensation benefits under the West Virginia workers’ compensation system, a lawyer can help you formulate a strategy for your case. A third party may be, for instance, a manufacturer that made a faulty piece of equipment which injured you at your job. Additionally, if your claim has been denied, or is hard to prove, a West Virginia workers’ compensation lawyer can assist you in collecting evidence to prove your claim and in presenting your claim in front of the West Virginia Insurance Commissioner.

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