Free West Virginia Workers' Compensation FAQs | Free West Virginia Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

All persons, firms, associations, and corporations regularly employing any person in any form of industry or business in the state of West Virginia are subject to the Workers` Compensation Act.

The following employers are not required to subscribe to the Fund, but may elect to do so: employers of employees in domestic service; employers of five or fewer fulltime employees in agriculture service; casual employers as defined in the statute; churches; employers engaged in organized professional sports activities; and any volunteer rescue squad, volunteer police auxiliary unit, volunteer organizations created or sponsored by governmental entities or area or regional emergency medical services boards of directors If any of these employers have paid employees, then the employer must subscribe based upon gross wages of paid employees, but coverage still remains optional with regard to the volunteer.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

The injured employee should immediately give notice to his employer, in writing, that he has suffered an injury. A copy of the notice must also be filed with the Commissioner.

Claims, except for occupational pneumoconiosis or occupational disease, must be filed within six months after injury or death. Proofs of dependency must be filed within six months after death. Claims for occupational pneumoconiosis or disease must be filed within three years from the date occupational pneumoconiosis was made known by a physician or which should have reasonably been known, or in case of death, within one year after the employee`s death.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

You have the right to select a doctor of your and your employer cannot interfere in any way with this right.

You will not be permitted to change doctors without obtaining written permission for a change. This rule does not apply to cases transferred after emergency or first aid treatment, cases transferred to a specialist by the original attending doctor or cases where an unforeseen emergency develops which requires special facilities and skills not available to the attending physician or hospital.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. Wage benefits usually will equal approximately 662/3 of the difference between your current earnings and what you earned before your injury, not exceeding the maximum compensation rate for the year you were injured.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

Upon issuing an order regarding the right to benefits, the Commissioner of the Workers Compensation Division must give notice of any action to the employer and employee, or dependent, who may file objections within 30 days. A hearing is held before a trial examiner.

Either party may appeal to the Workers` Compensation Appeal Board within 30 days, and either party may apply for review by the Supreme Court of Appeals from decision of the Board within 30 days.

For more information regarding Workers` Compensation or the filing of a claim you can call the Workers Compensation Division at the phone number below.

Workers Compensation Division
18006284265.

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

If the period of disability does not last longer than three days from the day the employee leaves work as the result of the injury, no award shall be allowed, but if the period of disability lasts longer than fourteen days from the day the employee leaves work as a result of the injury, an award shall be allowed for the first three days of such disability.

The rate of compensation for temporary total disability is computed on the basis of 70% of average weekly earnings, wherever earned, of the injured employee, at the date of injury, neither to exceed 100% or fall below 331/3% of the average weekly wage in the state.

Compensation for permanent total disability is computed on the basis of 662/3% of the average weekly earnings, wherever earned, of an injured employee, at the date of injury, not to exceed 100% of the average weekly wage in the state.

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