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How do you file a workers' compensation claim in West Virginia?


Suffering an injury in the workplace could be a very serious and life-changing event. For some employees, a work injury could lead to temporary or permanent disabilities, impacting them for the rest of their life. In these situations, employees should be aware of their options following a work accident. Many question their rights regarding benefits and how to file for workers' compensation.

In the state of West Virginia, when a worker is injured in the work environment, they have legal actions available to them. In order to initiate a workers' compensation claim, the employee should report the incident to their superior or a person designated to handle these types of situations. This will help initiate the process while also documenting the event. In most cases, the worker should seek immediate medical assistance to help him or her with the injury suffered.

Once treatment is determined, an injured worker should consider filling out a claim and filing an application for workers' compensation. The worker's physician will provide the necessary information in the claim in order for the employee to hopefully receive the necessary compensation to cover medical bills, rehabilitation, lost wages and future medical expenses.

Once a decision has been made on the claim, an injured worker may need to respond with a written request to protest the decisions. This might be a good idea if the worker's claim is not approved or if he or she wishes to seek more compensation because his or her medical condition has changed or worsened.

When an employee is injured on-the-job, it is important he or she knows how to address the situation. In some cases, a worker could be out of work for a long duration in order to recover from his or her injuries. This could lead to hefty medical bills and lost wages. Filing for workers' compensation could be his or her best option, and they should be fully aware of how to file a claim properly and timely. In the event of claim denial, speaking to an experienced West Virginia attorney may be the next best step.

Source: Zurich, "Understanding the West Virginia Workers' Compensation Claim Process," Accessed on Oct. 14, 2014

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Stephen P. New, Attorney at Law
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