Why was my claim denied?

Common reasons include late notice to employer, disputes over whether the injury is work-related, pre-existing condition arguments, and missed deadlines [§ 23-4-15].

How long does the appeal process take?

Timelines vary by case complexity and hearing office backlog. Appeals to higher courts can take longer.

Should I get an attorney for a denied claim?

Strongly recommended. Denied claims involve complex medical and legal issues, and an experienced attorney can navigate the dispute resolution process effectively.

Topic guideUpdated 2026-02-27

Denied Workers' Comp Claims in West Virginia — Your Options

Q: Can I appeal a denial?

Yes. Disputes heard by the Workers' Compensation Board of Review, which has exclusive jurisdiction to review objections after the Office of Judges was terminated effective July 1, 2022 [§ 23-5-8b]. Appeal to the Workers' Compensation Board of Review, then to the West Virginia Intermediate Court of Appeals and West Virginia Supreme Court.

What to do when your West Virginia workers' compensation claim is denied, including dispute resolution and appeals.

Having your workers' compensation claim denied does not mean you have no options. In West Virginia, you have the right to challenge a denial §23-5-8b.

Common Reasons for Denial

Claims are frequently denied for these reasons:

Late notice to employer (must be within Immediately or as soon thereafter as practicable; employee must give the employer written notice of the injury) §23-4-1a

Dispute over whether the injury is work-related

Pre-existing condition arguments

Missed medical appointments or non-compliance with treatment

Filing deadline expired (6 months from date of injury or death; separate 3-year deadlines apply to occupational pneumoconiosis and other occupational diseases) §23-4-15

The Dispute Resolution Process

Disputes heard by the Workers' Compensation Board of Review, which has exclusive jurisdiction to review objections after the Office of Judges was terminated effective July 1, 2022 §23-5-8b.

Appeals

Appeal to the Workers' Compensation Board of Review, then to the West Virginia Intermediate Court of Appeals and West Virginia Supreme Court.

Independent Medical Examination (IME)

Claims Administrator may require an independent medical examination; employee must cooperate §23-4-8. The IME results can significantly impact your claim.

⚠If the insurer requests an IME, you must attend. Failure to appear can result in suspension of benefits.

✓Before attending an IME arranged by the insurer, consult with an attorney. You have the right to have your own medical evidence reviewed and considered.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating West Virginia attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions