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.

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.

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).

Employers in West Virginia (WV) must manage business operations and employment matters in what can feel like a funnel cloud of changing federal and state regulations. At Jenkins Fenstermaker, PLLC, we strive to provide legal counsel and representation to alleviate some of this burden.

In 2021, the West Virginia (WV) Legislature passed Senate Bill 275, creating an Intermediate Court of Appeals in WV. The legislation also initiated changes to the WV workers’ compensation litigation procedure that became effective on July 1, 2022. With the Office of Judges eliminated and the WV Workers’ Compensation Board of Review taking on the responsibility for initial claim objections, there are some details of which insurers, third-party administrators (TPAs), and employers need to be aware as they issue decisions on workers’ compensation claims.