(304) 523-2100 Huntington, WV

(304) 521-6120 Clarksburg, WV

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Jenkins Fenstermaker, PLLC

215 S. 3rd Street

Suite 400

Clarksburg, WV 26301

Phone (304) 521-6120

Toll Free (866) 617-4736

Image of the OIC-WC-2, one of the WV workers’ compensation forms required by West Virginia workers’ compensation rules.

West Virginia Workers’ Compensation Rules: The Claims Process

By James Heslep Of Jenkins Fenstermaker, PLLC on 03/21/2023

To best inform employees and protect a company’s interests, West Virginia (WV) employers need to be aware of the general process for WV workplace injury claims. This process is established by state law and the West Virginia workers’ compensation rules...

Image of a form with a checkbox for black lung benefits, representing attachment of black lung benefits in WV.

Attachment of Black Lung Benefits in WV

By James Heslep Of Jenkins Fenstermaker, PLLC on 02/24/2023

Employers are generally aware that their employees’ wages can be garnished to pay child support, alimony, and other judgments or debts. However, when a current or former employee is receiving federal benefits, like Social Security or black lung benefits, various state and federal laws govern which benefits may be diverted to a creditor or payee and which may not. Attachment of black lung benefits in WV is allowed only under specific and limited conditions.

Image of a level, representing the need to know and balance WV employer workers’ compensation rights and responsibilities.

WV Employer Workers’ Compensation Rights and Responsibilities

By James Heslep Of Jenkins Fenstermaker, PLLC on 01/18/2023

A well-functioning workers’ compensation insurance system should provide for the needs of workers who are injured on the job while shielding employers from exorbitant premiums and unnecessary litigation. West Virginia (WV) has made progress in balancing these priorities in recent years although there is still work to do.

Workers on a jobsite represent the need for employers and insurers to understand workers’ compensation compensability in WV.

Workers’ Compensation Compensability in WV: Part Three

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 01/11/2023

When an employee is injured at work in West Virginia (WV), the employer and workers’ compensation insurance provider, when applicable, may be responsible for covering the resulting expenses, including medical costs and lost wages. However, a variety of factors may be considered when determining workers’ compensation compensability in WV.

Image of an injury claim form, representing the need for employers to know about WV workers' compensation compensability.

WV Workers’ Compensation Compensability: Part Two

By Steven K Wellman Of Jenkins Fenstermaker, PLLC on 01/03/2023

When a worker is injured on the job, but the injury occurs as a result of a preexisting condition or certain acts by the employee, an employer may have cause to dispute the compensability of a workers’ compensation claim filed in West Virginia (WV).

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