Filing a Workers' Comp Claim in West Virginia — Steps & Deadlines

Filing a workers' compensation claim in West Virginia involves specific steps and deadlines that must be followed carefully §23-1-1.

You must report your workplace injury to your employer within Immediately or as soon thereafter as practicable; employee must give the employer written notice of the injury §23-4-1a. Written notice is always recommended even if verbal notice is given.

Insurer or self-insured employer determines what treatment is reasonably required; if no approved managed health care plan applies, the employee may select the initial health care provider; where an approved plan applies, the employee may be required to use plan providers, must select any new provider through the plan, and needs written approval to use a provider outside the plan §23-4-3. Make sure to:

You have 6 months from date of injury or death; separate 3-year deadlines apply to occupational pneumoconiosis and other occupational diseases to file a formal claim §23-4-15. 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.

After filing, the employer's insurer will investigate the claim. They may accept, partially accept, or deny the claim. If denied, you have the right to request a hearing.

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.