Fired For A Comp Claim
W. Va. Code § 23-5A-3 — no firing an injured worker who is off and eligible for benefits, and a right to the job back
No employer may discriminate against a present or former employee for receiving or trying to receive workers' compensation benefits.
Off work and eligible. An employer may not fire an injured employee who is off work because of a compensable injury and receiving or eligible for temporary total disability benefits, unless for misconduct wholly unrelated to the injury. Absence from the injury does not count as misconduct.
On a written demand sent by certified mail, return receipt requested, to the employer's principal office, the employer reinstates the employee to the former job if it is available and they can do it, or to a comparable job.
A particular firing is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 23-5A-1 — Workers' compensation: discriminatory practices prohibited
- W. Va. Code § 23-5A-3 — Termination of injured employees prohibited; reemployment of injured employees
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.