Important: We updated this article in December 2022 to include the latest information available. Unless you’re a federal employee, state law outlines who gets West Virginia workers’ compensation benefits and how the process works. If you were injured or got sick on the job in the Mountain State, you should focus on getting better, not stressing about the claims process.
We’ve gathered the information you need to get the benefits you deserve.
West Virginia Workers’ Comp Eligibility
State law requires all employers with at least one full-time employee to carry West Virginia workers’ compensation insurance.
Important: Unless you’re a temporary employee, domestic services, or contract worker, your employer should cover you.
How to File Your West Virginia Workers’ Compensation Claim
Important: Seek treatment immediately if you require emergency or urgent care. Tell the doctor your injury or illness is work-related.
Every workers’ comp case is different, so your experience may vary. Most West Virginia workers’ compensation applications work like this:
- Notify your supervisor immediately after seeking medical treatment. Your employer should report your accident to BrickStreet Mutual Insurance Company within 24 hours. If they don’t, you or your doctor can report it directly using Form BI-1 instead. Your employer must report your injury or illness to BrickStreet Insurance no later than five days after your accident.
Important: Don’t miss the deadline or you may be disqualified from receiving benefits.
- Make a written or recorded statement describing what happened. Include any witnesses, who you reported your accident to and when, and photographs of your injury, the workplace area and equipment involved. Sign and date your completed statement before submitting it. Brickstreet will notify you in writing, either online or by mail, that your claim has been approved or denied.
- Appeal in writing in 60 days if you’re denied. Mail a written statement of protest and a copy of your denial letter to: Workers’ Compensation Office of Administrative Law Judges, P.O. Box 2233, Charleston, WV 25328-2233. Learn more about the appeals process from the West Virginia Office of the Insurance Commissioner.
Important: You must also notify Brickstreet of your intent to appeal by mailing copies of your protest letter and denial notice.
Get more details on the process from the BrickStreet Workers’ Compensation Program Information Sheet here.
West Virginia Workers’ Compensation Statistics
There were 1,100 fewer recordable cases handled by the West Virginia workers’ compensation program from 2017 to 2021. During the same period, however, cases reported in the service industry rose from 9,600 to 10,200. Employees in all sectors who missed work, transferred jobs or received restrictions increased from 7,800 in 2017 to 8,800.
Free Legal Assistance with Your WV Workers’ Comp Claim
When you’re dealing with a work-related illness or injury, navigating the workers’ compensation system can make you feel even worse.
Consider working with an experienced workers’ comp attorney for free, confidential claim assistance. These specialists typically work on a contingency basis, which means you don’t pay a fee unless you win benefits. You only pay a reasonable, one-time fee if your case is successful.
Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!
Margot Lester is the CEO of The Word Factory, a B2B & B2C content marketing agency that provides services for Fortune 100 brands, healthtech companies and SaaS developers. An award-winning business and brand journalist, she writes for daily and weekly newspapers and business journals, national magazines, in-flight publications and leading websites. Margot is also an in-demand writing coach and organizational communications trainer, helping individuals and teams write more effectively. Twitter/X: @word_factory LinkedIn: linkedin.com/in/margotlester.