West Virginia Workers' Compensation Laws

For occupational diseases other than pneumoconiosis, the claim must be filed within 3 years from the last day of exposure to the hazard or within 3 years from when the disease was made known to the employee by a physician, whichever is later.

For occupational pneumoconiosis (black lung and similar conditions), the claim must be filed within 3 years from the last continuous period of 60+ days of exposure or within 3 years from a diagnosed impairment.

Report the workplace injury to your employer within 5 days of the injury. Written notice is recommended, though immediate reporting is best practice.

The employer must file the OIC-WC-2 (Employer's Report of Occupational Injury or Disease) within 5 days of receiving notice of an on-the-job injury requiring medical treatment.

File a formal workers' compensation claim within 6 months of the date of injury. This deadline is jurisdictional and strictly enforced.

All persons, firms, associations, and corporations regularly employing another person for the purpose of carrying on any industry, service, or business in West Virginia must carry workers' compensation insurance. Limited exceptions exist for certain government entities and federal programs.

TTD benefits are 66 2/3% of the employee's average weekly wage, not to exceed 100% of the state average weekly wage ($1,067.12 maximum for 2024-2025). TTD is awarded in periods of up to 90 days, with a maximum aggregate of 104 weeks per injury.

Injured workers have the right to choose their own treating physician. The employer's insurer must pay for reasonable and necessary medical treatment related to the workplace injury.

While workers' compensation is generally the exclusive remedy, employees may sue their employer directly if the injury was the result of the employer's deliberate intent to cause harm through an unsafe working condition.