Filing a workers’ comp claim in West Virginia.
Administered by the West Virginia Insurance Commission, Workers' Compensation Division. Primary form: Form WC-1 — Employee's Report of Occupational Injury or Disease.
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Open Notice of Claim wizardWest Virginia State Board
- Agency
- West Virginia Insurance Commission, Workers' Compensation Division
- Primary claim form
- Form WC-1 — Employee's Report of Occupational Injury or Disease
- Official website
- https://www.wvinsurance.gov/Workers-Compensation
Deadlines at a glance
6 months from date of injury (notify employer)
Report to your employer first. Put it in writing — email, text, or signed letter. Missing this window can reduce or eliminate benefits.
2 years from date of injury or last benefit
File Form WC-1 — Employee's Report of Occupational Injury or Disease with the West Virginia Insurance Commission, Workers' Compensation Division before this window closes.
3 days, retroactive after 7 days
Medical benefits typically begin immediately. The waiting period applies to wage-replacement (TTD/TPD) benefits only.
Federal programs that may apply
The West Virginia program covers most private-sector workers. Three federal programs run in parallel for specific worker categories:
- FECA — Federal Employees’ Compensation Act. Covers civilian federal employees. Filed through the US DOL, Office of Workers’ Compensation Programs.
- LHWCA — Longshore and Harbor Workers’ Compensation Act. Covers maritime workers (longshoremen, shipbuilders, harbor workers) on navigable US waters.
- Jones Act — 46 U.S.C. § 30104. Covers seamen injured in the course of employment. Provides a negligence cause of action and maintenance and cure rights outside the state WC system.
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