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What is Workers’ Compensation?

Workers’ Compensation is a system, created by the West Virginia Legislature in 1913, which provides benefits to workers who are injured or who contract an occupational disease while working. The benefits include medical care, temporary disability payments and compensation for a resulting permanent impairment. In the event of the death of an injured worker, benefits are payable to the family of the worker.


Who is covered?

Every employer is required to obtain West Virginia workers’ compensation coverage for the protection of its employees. State law requires employers to obtain workers’ compensation coverage for employees in case of workplace injury. An employer who is otherwise required to maintain mandatory West Virginia workers’ compensation coverage is exempt from the requirement in the following circumstances:

a. An employer of domestic services as defined in subsection 3.3 of this rule is not required to carry West Virginia workers’ compensation coverage for any individuals hired to perform such domestic services;

b. An employer of five (5) or fewer full-time employees in agricultural services is not required to carry West Virginia workers’ compensation coverage for those employees;

c. An employer who is a casual employer;

d. An employer who is a church and others

What should an employer do if an employee is injured?

When an employee is injured at work the claim form that is filed out by the injured employee is known as a “WC-1 Employees’ and Physicians’ Report of Injury” form. According to West Virginia law the employer has five days from the receipt of the injured employee’s completed WC-1 form to complete the “WC-3 Employers’ Report of Injury” form.

Who pays benefits?

Benefits are paid by the employer or the employer’s workers’ compensation insurance carrier. Each West Virginia workers’ compensation insurance policy shall provide coverage and benefit payments consistent with the provisions of chapter twenty-three of the West Virginia Code and the rules promulgated there under for any bodily injury with a date of injury within the policy period and for all benefits types thereafter awarded, including all dependent benefits and related death benefits. Each workers’ compensation policy shall also provide coverage for any occupational disease, including all dependent benefits and related death benefits provided for under the West Virginia Code.

Summarized Facts about West Virginia Workers Compensation

Is Worker’s Compensation Mandatory? Yes

Employee Exceptions: None;

Waiting Period For Workers Compensation Benefits: 3 days

Compensation is retroactive if disability continues for what length of time after injury? More than 7 days