Detailed Answer
If an accident in West Virginia leaves you unable to work, you can pursue various avenues to recover lost wages. Each path follows specific rules and deadlines. Below we outline the most common options:
1. Workers’ Compensation Benefits
If your injury occurs on the job, you likely qualify for workers’ compensation. Under West Virginia Code §23-4-6, you may receive temporary total disability (TTD) benefits equal to two-thirds of your average weekly wage, subject to minimum and maximum limits. WV Code §23-4-6.
2. Third-Party Personal Injury Claim
If a negligent party (for example, a careless driver) caused your injury, you can file a personal injury lawsuit. Lost wages are recoverable as part of your damages under West Virginia Code §55-7-4, which allows recovery for actual loss, including past lost earnings and diminished earning capacity. WV Code §55-7-4.
3. Uninsured/Underinsured Motorist Coverage
If you carry uninsured or underinsured motorist (UM/UIM) auto coverage, you can file a claim with your own insurer for lost wages when the at-fault driver lacks sufficient liability limits.
4. Short-Term and Long-Term Disability Insurance
Private disability policies may cover a portion of your salary if you cannot work for an extended period. Review your policy for benefit levels, waiting periods, and maximum benefit durations.
5. Social Security Disability Insurance (SSDI)
If your injury leads to a long-term disability, you may apply for SSDI benefits through the Social Security Administration. Approval requires proving you cannot engage in substantial gainful activity for at least 12 months.
6. Crime Victims Compensation
If your injuries result from certain violent crimes, you can apply to the West Virginia Crime Victims Compensation Fund for lost wage benefits (up to statutory limits). Contact the West Virginia Attorney General’s Office for eligibility rules.
Disclaimer: This article provides general information about West Virginia law and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Track all medical appointments and time off work in a log.
- Keep paystubs and employer communications about your disability.
- Meet filing deadlines: workers’ comp claims must be reported within 90 days; personal injury suits generally must be filed within two years under WV Code §55-2-12.
- Notify your insurer promptly when you file any claim.
- Consult an attorney early to preserve evidence and strengthen your claim.