Statute of Limitations for Workers' Compensation in West Virginia
Claims Must Be Filed Within Six Months
West Virginia requires injured workers to file an application for benefits within six months of the date of injury. Do not allow yourself or your loved one to miss out on valuable financial help to replace lost wages, cover medical expenses, and more. Far too many individuals allow the deadline to pass, leaving them with no way to recover the compensation they need and deserve.
Eligibility for Workers' Compensation
Almost all workers in West Virginia are eligible for workers’ compensation benefits when they suffer an on-the-job injury. The only requirement is for the injury to have been sustained while engaged in a work-related activity, even if the accident was the worker’s own fault. In addition, workers who suffer an injury over time, or those who gradually become disabled and unable to work, are equally entitled to workers’ compensation benefits as someone who was injured in a single accident.
Take Action Today — Workers’ Compensation Statute of Limitations
Do not worry about employer retaliation or having your workers’ compensation claim held against you. Employers are prohibited from retaliating against anyone who files for workers’ compensation benefits.
Examples of prohibited employer actions include:
- Firing an employee
- Demoting an employee
- Withholding a promotion
- Giving negative reviews
At Warner Law Offices, PLLC, our Charleston lawyers will help you through every stage of the benefits process. We will ensure your application is accurate, complete, and filed on time, and we will work hard to protect your rights throughout your case.
Timeline for Occupational Diseases
Some work-related injuries manifest themselves over time. For example, exposure to hazardous substances can result in a disease that becomes known many years down the road.
In these instances, workers have three years to file a claim from the latter of:
- The last date a worker was exposed to the hazard, which caused the disease; or
- The date the person should have reasonably known, or was told by a physician, that they obtained an illness at work.
Contact Us for a Free Consultation
We are ready to listen to your situation and help you get the compensation to which you are entitled.