West Virginia Workers' Compensation
West Virginia workers' compensation provides wage loss compensation and medical benefits to West Virginia workers who are injured while they are engaged in their normal job functions. West Virginia workman's compensation laws have eliminated the right for the worker to file a personal injury claim (some exceptions exist) and instead force the employer to provide immediate no-fault insurance coverage to the injured employee.
Many consider this a compromise for the worker and the employer. The worker may forfeit some compensation they could have won if they had filed a West Virginia personal injury claim, but they avoid a protracted legal battle. The employer also avoids a lengthy contentious legal battle and does not have to prove they were not for the employee's West Virginia work injury.
Workers' compensation is administered by the West Virginia Insurance Commission whose mission is to "serve West Virginia workers and employers when employees are injured on the job".
Hiring a West Virginia Workers' Compensation Lawyer
Do you have to hire a West Virginia Workers Compensation lawyer if you have been injured in a West Virginia workplace injury? No, many West Virginia workers who are injured are able to file their work comp claim without legal assistance, but if you are seriously or permanently injured, if you have been denied West Virginia work comp insurance or if you have questions about your West Virginia work comp claim a West Virginia work lawyer can help.
Work compensation can be complicated and state laws vary. Unfortunately, many employers may be less concerned with ensuring you receive the West Virginia work comp benefits you deserve and more concerned with closing the case. Contact a Work comp lawyer to ensure you get the benefits you deserve. Need legal help getting benefits for your West Virginia workers compensation case? Simply complete our free form below to get started today!
Work Injuries Covered Under West Virginia Workers' Compensation Law
West Virginia work injuries are covered under work comp laws regardless of who is at-fault. West Virginia workplace injuries may be caused by a one-time workplace accident or they can arise from the repetitive stresses of a job or exposure to a toxic or dangerous substance at work.
Not all West Virginia work comp injuries are covered under work comp law. Work injuries which are caused by the intentional actions to injure, while a worker is intoxicated, travelling to or from work, flagrantly disregarding safety precautions or not engaged in their employment may not be covered.
If you have been denied work comp benefits in West Virginia, contact an employment lawyer.
West Virginia worker's compensation has changed in the last several years following a series of administrative issues and budgetary constraints. The information provided on this page is general in nature, is subject to change and should not be considered legal advice. For more information contact the West Virginia Workers' Compensation Commission.
West Virginia Worker's Compensation Benefits
West Virginia workers' compensation benefits may include paid medical care, temporary total disability benefits (TTD), permanent total disability benefits (PTD), permanent partial disability benefits (PPD), vocational rehabilitation benefits and death benefits for surviving beneficiaries.
Medical benefits - Medical benefits are provided to West Virginia employees who are injured at work. Medical benefits can include all medical services which are deemed reasonable and necessary to help the injured employee recover from their work injury.
Common medical benefits can include: paid doctor's visits, hospitalizations, nursing services, laboratory services, medical supplies and paid medications. Medical benefits are provided without time or monetary limitations.
Unlike many other states, the employees of the state of West Virginia have the option to choose their own treating physician.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to West Virginia employees who are injured at work and cannot return to their job due to their work injuries. TTD benefits are paid at 66 2/3 of the injured West Virginia weekly wages for a maximum of 104 weeks. TTD benefit payments are also subject to minimums and maximums established under West Virginia work comp law.
Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are paid to injured West Virginia workers who are permanently and totally disabled and unable to perform any type of substantial work. PTD benefits are paid at 66 2/3 of the worker's wage. West Virginia minimum and maximum payment amounts apply.
PTD benefits are paid for the length of the permanent disability or until the West Virginia employee is 65 years of age.
Permanent Partial Disability Benefits (PPD) - PPD benefits are paid to West Virginia workers who are injured at work, have reached their maximum medical improvement level but they continue to have partial and permanent residual work injuries.
Permanent partial disability benefits (PPD) are paid at 66 2/3 of the worker's wage (minimum $173.33, maximum $350.67). Permanent partial injuries can be scheduled or non-scheduled. Non-scheduled work injuries can be paid up to 336 weeks, but there is no maximum amount paid. The amount of PPD payments made is based on a percentage of permanent total disability.
Vocational Rehabilitation Benefits - Vocational rehabilitation benefits are provided for workers who have been injured at work and who are unable to return to their previous job due to residual work injuries. Vocational rehabilitation services vary by state but can include a variety of vocational services such as: job re-training, job assessment, job modification and job counseling.
Death Benefits - Death benefits are paid to the surviving spouse and children of a West Virginia employee who dies from a work injury or occupational illness. Death benefits can include wage loss compensation which is a percentage of the deceased worker's wage and paid burial expenses up to a maximum amount established by West Virginia state law.