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Filing a workers' compensation claim in West Virginia can be a confusing and frustrating to injured individuals and their families. We have developed this page as a means to introduce people to the process and let them know what to expect.

At any point during any of the stages below, you can hire an attorney to manage your claim. The advantage to this is that attorneys understand the process and the system very well, and with their help, you may be able to avoid an unnecessary benefits denial.

Step 1 — Report Your Injury

The moment you are injured report it to your direct supervisor at work. He or she is required to provide you with the forms to fill out, so you can properly document the incident and the injury.

The injury report you submit to your employer must include vital information:

  • How the injury occurred
  • When the injury occurred
  • Where the injury occurred
  • Who witnessed the injury

Step 2 — Go to the Doctor

Immediately proceed to see a doctor about your injury. Sometimes, your employer will request that you see a specific doctor. You, however, can choose to see your own doctor. Make sure that the doctor you do see properly documents the extent and debilitating effects of your injury.

In an emergency, accept all necessary medical care without hesitation.

Step 3 — Fill Out the Claims Paperwork

Your employer should provide you with all of the forms you need to file your claim.

Filling out these forms correctly is very important to having a successful claim.

Step 4 — Submit Your Claim

File your claim on time and in order with the West Virginia claims department. At this point, you must wait to find out whether your claim is approved or denied.

Step 5 — Appeal

Do not get discouraged if you do have to appeal, and yes, you have the right to appeal a denial. Many people successfully claim their entitled benefits on their second and even third attempt.