West Virginia · Work site injury: what can I do?
Work site injury: what can I do?
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| Filing deadline | 2 years (civil lawsuit); report to workers' comp within 6 monthsWest Virginia Code § 55-2-12 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in West Virginia?
West Virginia: 2 years from injury for civil lawsuits; workers' comp employer notice immediately or as soon as practicable; formal claim within 6 months (3 years for occupational disease) A lawyer can confirm yours.
Source: West Virginia Code § 55-2-12
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
West Virginia has a partially monopolistic workers' comp system through BrickStreet Mutual — most private employers must obtain workers' comp through the state insurer or approved private carriers; third-party civil lawsuits remain available with a 2-year statute of limitations
West Virginia applies modified comparative fault with a 51% bar. Federal OSHA governs West Virginia construction. Charleston and Huntington are the primary construction markets, with significant energy-sector adjacent construction (coal, natural gas, petrochemical). West Virginia Circuit Courts handle civil construction accident claims.
How this works nationally
For the overall process and updates, read the Work site injury: what can I do? overview. This page covers the local information available for West Virginia.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in West Virginia? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
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- West Virginia Code § 55-2-12