Occupational illnesses and work related injuries have made their presence felt many times over the decades in West Virginia. Even though most workers today are not directly involved in West Virginia’s extractive industries, accidents can happen anywhere. Workers’ compensation laws in West Virginia give a measure of protection and financial compensation if you as an employee are injured while carrying out your duty at your workplace. A successful workers’ compensation claim can help pay for medical treatment and pay the bills while you are forced to stay away from work. Employment in West Virginia Many people probably associate West Virginia with the coal industry, but extraction and mining jobs are actually well down the list of occupations in West Virginia. Like just about everywhere else in the country by far the greatest numbers of employees in the state work in offices. According to the Bureau of Labor’s May 2016 statistics which document employment trends in every U.S. state, 15% of West Virginia’s 697,440 workers are employed somewhere in an office or administrative support type job. In descending order of popularity, these are the next five major occupational categories in West Virginia: Sales and related occupations Food preparation and serving Healthcare and technical jobs Transportation and movement of materials Education and training West Virginia’s Workers’ Rights to Workers’ Comp As long as you are in a job where three or more employees (including you) are employed it is most likely that your employer has taken out workers’ comp. insurance. This is a state requirement. As in most other states, if you are covered, then the fact that you may or may not have been partly to blame for the accident should have no influence over any compensation payment as the state is a no-fault state for workers’ compensation. Naturally, this excludes any deliberate act aimed at injury or intoxication while at work. The Offices of Insurance Commissioner of West Virginia is the first port of call if you are injured or become ill while at work. You may decide to contact an attorney if you discover that your employer does not have workers’ comp. insurance or you don’t know what to do. Typical Examples of Occupational Hazards in West Virginia Some of the most hazardous occupations in West Virginia are in the coal industry and the history of the state is intimately associated with coal miners’ struggles and mining disasters. Some of the most common occupational diseases amongst this group of West Virginian workers include: black lung disease, pneumoconiosis and asbestosis. One important deadline in West Virginia for affected workers is that they must file a workers’ comp. claim within 6 months of an injury or discovery of an occupational disease. Talk to an Attorney if Dissatisfied or Confused About Your Claim Because of the complexities of West Virginia workers’ comp. laws and the fact that it is possible if you work in a small workplace and find that your employer is uninsured it may be advisable to seek legal advice from an experienced attorney. For example, if you are working for an uninsured employer but are convinced that you have sufficient proof that a workplace injury or illness was the fault of your employer, you may be able to file an independent civil lawsuit. An experienced attorney can advise you of your rights and suggest the best legal options available to you for filing your workers' compensation claim.
