WEST VIRGINIA WC 101 Answering Basic Workers Comp Questions

Workers Compensation Laws change frequently. This is only a summary; a complete copy of the most up-to-date version can be found at: www.WorkCompResearch.com an excellent service.

Every state has it’s own unique laws and rules covering workers’ compensation and how its handled. Here are answers about West Virginia law from the law firm of Dinsmore & Shohl, authorities on workers’ compensation.

1. How long does an injured employee have to file a claim? An employee can file a claim up to six months following the date of injury. However, if the injury is an occupational disease, such as hearing loss or black lung, the employee can file up to three years after the date he or she was last exposed to the condition causing the disease, or three years after he or she was diagnosed with the disease, whichever comes later.

2. What kinds of injuries qualify for workers’ compensation benefits? In order to be compensable, an injury must be received in the course of and resulting from the employee’s employment. Generally, this does not include injuries sustained going to and coming from work, injuries sustained before or after working hours, injuries that are entirely mental without some physical component, or injuries caused by the employee being under the influence of drugs or alcohol.

3. What types of benefits are available to an employee who files a workers’ compensation claim? An employee is eligible to receive temporary total disability (TTD) benefits if the injury prevents him or her from returning to his or her pre-injury position of employment. The amount of the TTD benefits is calculated as a percentage of the employee’s wages, with a maximum and a minimum amount.

An employee can receive TTD benefits for up to 104 weeks. Otherwise, TTD benefits cease when a claimant reaches maximum medical improvement. (This means the employee’s condition has improved as much as it can. The employee may not have returned to 100% of his or her pre-injury health status, but his or her condition is as good as it is going to get.)

If the employee’s injury results in some type of permanent disability, he or she may be eligible for permanent partial disability (PPD) benefits. PPD benefits are also calculated as a percentage of the employee’s wages, with a maximum and a minimum amount, and are awarded based on the percentage of residual whole person impairment recommended by a physician.

If the injury renders the employee unable to engage in substantial gainful activity, he or she may be eligible for permanent total disability benefits. These benefits, which are calculated in a manner similar to the TTD and PPD benefits, continue until the employee reaches age 70. (workersxzcompxzkit) Dependents of employees receiving PTD benefits are also eligible for benefits at the time of the employees’ death, or who died as the result of a workplace injury or exposure.

About the authors Denise D. Klug is a partner in the Litigation Department of Dinsmore & Shohl, LLP. Denise represents companies in the chemical, hospital, steel, trucking and numerous other industries in Ohio and W. Virginia. Denise counsels clients on violations of specific safety requirements, State Fund issues, premium discounts and establishing Drug Free Work Place Programs. She can be reached at denise.klug@dinslaw.com or 304-230-1700. Aimee M. Stern is a member of the Litigation Department of Dinsmore & Shohl, LLP with an emphasis on toxic torts, medical malpractice and workers’ compensation. She can be reached at aimee.stern@dinslaw.com or 304-230-1603. Thank you to Dinsmore & Shohl, a law firm that has been helping me reduce claims for over 20 years.

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Do not use this information without independent verification. All state laws vary.

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