West Virginia Workers Compensation

Quick Guide West Virginia Workers’ Compensation Laws

West Virginia Workers’ Compensation Laws

Multiple West Virginia workers’ compensation laws are located under the state’s revised code. The laws on worker’s compensation insurance in West Virginia are located specifically within Chapter 24. Some information within this article about workers’ compensation insurance in West Virginia is referenced from the following website for the WV Insurance Commissioner:

Workers’ Compensation Insurance in West Virginia and Exemptions

The following link for the Insurance Commissioner listed all of the carriers for workers’ compensation insurance in West Virginia. The list is current as of January 24, 2012:

§23-2-1 lists all employers who may be exempt from certain West Virginia workers’ compensation laws. Under this law, workers’ compensation insurance in West Virginia may not necessarily be carried by employers of:

• employees in domestic services

• five or fewer full-time employees in agricultural service

• employees of the state in temporary employment

• casual employees (less than three employees in temporary jobs that do not last more than 10 calendar days in a calendar quarter

• employees of the church

• employees in professional sports activities, including trainers and jockeys in horse racing

• any volunteer employee in a rescue squad

• certain employees under the Longshore and Harbor Workers’ Compensation Act

How do I file a report for my injury under West Virginia Workers’ Compensation Laws?

You need to report the accident to your employee right away, and there are certain forms you and your employer may have to submit for workers’ compensation insurance in West Virginia. Forms are located at the following link.

What Benefits are available in Workers’ Compensation Insurance: West Virginia

An injured worker is entitled to several different kinds of benefits under workers’ compensation insurance in West Virginia: mainly medical benefits and wage loss benefits. These types of benefits under West Virginia workers’ compensation laws are explained below:

1. Medical Benefits- the worker is fully covered for ALL medical expenses related to the work injury under workers’ compensation insurance in West Virginia. These benefits are not limited to the compensation for services listed below:

• doctor and hospital services

• nursing services

• medication

• physical therapy

• medical equipment

• travel mileage to and from medical facilities

If the accident was severe, workers’ compensation insurance in West Virginia will also cover burial costs.

2. Wage Benefits- According to West Virginia workers’ compensation laws, a worker is entitled up to two-thirds of their weekly wages for the amount of time they are covered. There are limits to the payments under West Virginia workers’ compensation laws though.

In 2013, the limit according to West Virginia workers’ compensation laws will be $155.74 a day, $778.70 per month, and $40,603.64 per year.

If a doctor determines the worker has a permanent disability that will impact their level of work in the future, the degree or the permanent disability will compensate for the difference in future wages.