Detailed Answer
Why Accurate Employer Naming Matters
When you file a lost wage claim under West Virginia’s workers’ compensation system, naming the correct employer is critical. Using only a d/b/a (“doing business as”) name can lead to delays, misrouted paperwork, or claim denials. The system requires the legal entity name registered with the Secretary of State.
1. Confirm the Employer’s Legal Name
Check the employer’s legal name in one of these ways:
- Review your pay stub or W-2 form.
- Search the West Virginia Secretary of State’s business registration database: sos.wv.gov/business.
- Ask the employer’s HR or payroll department for official corporate documents.
2. Understand d/b/a Registration Requirements
West Virginia law requires any assumed or fictitious name to be registered under WV Code §31-1-4. However, the legal entity name remains the name used for official claims.
3. Update Your Claim Forms Correctly
On the West Virginia Office of the Insurance Commissioner’s claim form, enter the employer’s exact legal name. If you have a d/b/a, you may note it in parentheses. For example:
ABC Holdings, LLC (d/b/a “ABC Services”)
4. Cite Applicable Statutes
Lost wage claims fall under the West Virginia Workers’ Compensation Act. For temporary total disability benefits see WV Code §23-4-7. Section 23-2-1 defines “employer” and clarifies naming requirements.
5. Addressing Discrepancies
If your documentation lists a d/b/a only, attach a cover letter stating the legal name and explaining the discrepancy. Include copies of your evidence such as Secretary of State printouts or IRS filings.
If your claim is delayed or denied, request a hearing with the Office of Judges and present your proof of legal name. Early resolution often avoids formal appeals.
Helpful Hints
- Keep copies of correspondence showing legal name verification.
- File claims promptly; delays may affect benefit eligibility.
- Maintain a clear record of pay stubs and official notices.
- Contact the West Virginia Division of Labor for guidance: labor.wv.gov.
- Consider consulting an attorney if the insurer continues to dispute the employer’s identity.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.