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When you’re hurt on the job, confirming that a workers’ compensation claim has actually been filed is critical. Under West Virginia law, your employer must report a workplace injury to the Office of the Insurance Commissioner and the Division of Labor within 10 days of receiving notice of your injury. See W. Va. Code §23-2-10. If you’re unsure whether that paperwork was sent, follow these steps:

1. Ask Your Employer or HR Department
   Start by requesting a copy of the First Report of Injury or Occupational Disease they submitted. Employers often keep a log or electronic record of all filings.
2. Contact the Insurance Carrier
   Your employer’s workers’ compensation insurance company can confirm receipt of your claim and its current status. Ask for the claim number and adjuster contact information.
3. Call the West Virginia Division of Labor
   The Division maintains records of reported injuries. You can call their claims desk at 304-558-7890 or email labor@wv.gov to ask if a claim exists under your name or Social Security number.
4. Search the Office of Judges Case Lookup
   If a dispute led to a hearing, it will show up in the Office of Judges online docket. Visit the Office of Workers’ Compensation website and use their case-search feature to see if your injury generated a formal hearing request under W. Va. Code §23-2-12.
5. File a Public Records Request
   Under the West Virginia Freedom of Information Act (W. Va. Code §29B-1-1 et seq.), you can request copies of any filings or employer reports from state agencies. Submit your request in writing to the Division of Labor.

By following these steps, you’ll know whether your employer and insurer have taken the required actions under West Virginia law to protect your rights after a workplace injury.

Helpful Hints

• Document all communications in writing and keep copies of emails or letters.
• Note dates you reported the injury to your employer and any follow-up calls.
• Ask for claim numbers and adjuster names to simplify future inquiries.
• If you haven’t heard back within 10 days, send a certified letter reminding your employer of their filing obligation.
• Consider consulting a qualified workers’ compensation attorney if you hit delays or denials.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. If you need guidance specific to your situation, consult a qualified West Virginia workers’ compensation attorney.