Hurt At Work
W. Va. Code § 23-4-15 — written notice to the employer right away, and the claim filed within six months
An injured employee, or their representative, gives the employer written notice right away or as soon as practicable, with names, addresses, the time, place, nature and cause of the injury, and whether they cannot work.
Six months, or never. The application for compensation is filed with the Insurance Commissioner, the private carrier or the self-insured employer within six months after the injury or death, and a claim filed later is forever barred.
No award is made for a disability lasting three days or less. If it lasts longer than seven days, the first three days are paid too.
An employer that keeps its workers' compensation coverage is not liable to be sued for damages for an employee's injury, however it occurred.
Occupational pneumoconiosis has its own three year filing period. A particular claim is a question for a licensed West Virginia attorney.
Sources for this section (4)
- W. Va. Code § 23-4-1a — Report of injuries by employee
- W. Va. Code § 23-4-15 — Application for workers' compensation benefits
- W. Va. Code § 23-4-5 — Benefits for first three days after injury
- W. Va. Code § 23-2-6 — Exemption of contributing employers from liability
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.