Workers' Compensation: West Virginia

Federal law and guidance on this subject should be reviewed together with this section.

Author: Nicole Farley, Fisher Phillips.

Summary

• All employers are required to carry workers' compensation insurance, with very few exceptions. See Covered Employers.
• Most employees are covered by workers' compensation insurance, with one major exception. See Covered Employees.
• To be compensable, an injury or occupational illness must arise out of and in the course of employment. See Compensable Injuries.
• Employers may not be liable for certain injuries incurred under specific circumstances. See Employer Defenses to Workers' Compensation Claims.
• Workers' compensation pays for all reasonable and proper medical treatment. See Medical Benefits.
• Workers' compensation also provides payment in the form of wage replacement and other benefits. See Other Benefits.
• Employees are required to report any alleged work injury within two days, otherwise they may be ineligible for benefits. See Claims Procedure.