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Workers' Compensation: West Virginia

Workers' Compensation requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Nicole Farley, Fisher Phillips.

Summary

  • All employers are required to carry workers' compensation insurance, with very few exceptions. See Covered Employers.
  • Most employees are covered by workers' compensation insurance, with one major exception. See Covered Employees.
  • To be compensable, an injury or occupational illness must arise out of and in the course of employment. See Compensable Injuries.
  • Employers may not be liable for certain injuries incurred under specific circumstances. See Employer Defenses to Workers' Compensation Claims.
  • Workers' compensation pays for all reasonable and proper medical treatment. See Medical Benefits.
  • Workers' compensation also provides payment in the form of wage replacement and other benefits. See Other Benefits.
  • Employees are required to report any alleged work injury within two days, otherwise they may be ineligible for benefits. See Claims Procedure.