Detailed Answer: Claiming Lost Wages from Multiple Jobs in West Virginia
1. Understand Your Workers’ Compensation Rights
In West Virginia, injured workers may receive benefits for lost wages under the Workers’ Compensation Act. When you hold more than one job at the time of injury, W. Va. Code §23-4-6 requires that your average weekly wage be computed by combining earnings from all employers. Benefits typically equal two-thirds of that average, subject to statutory minimums and maximums.
2. Calculate Your Average Weekly Wage
Gather wage records from each employer for at least the 52 weeks before your injury:
- Pay stubs or payroll summaries
- W-2 forms or tax returns
- Affidavits if records are incomplete
Add total earnings from all employers and divide by the number of weeks worked. That figure determines your base for calculating temporary total disability benefits.
3. Provide Prompt Notice and File a Claim
- Notify each employer in writing of your injury and mention all jobs held at the time.
- Request that each employer file the Employer’s First Report of Injury (Form CM-1) with the West Virginia Office of Judges.
- Submit your Employee Claim (Form CM-2) within two years of the injury date (W. Va. Code §23-5-17).
4. Document Your Continued Lost Earnings
Keep detailed records of:
- Dates you miss work due to medical restrictions
- Correspondence with adjusters or employers
- Medical reports confirming total disability
5. Resolve Disputes or Appeals
If the insurance carrier disputes your wage calculation or benefit entitlement, you may request a hearing before the Office of Judges. Present your combined wage documentation, medical records, and employer notices as evidence.
Helpful Hints
- Collect pay records from all jobs right after injury.
- Follow up to ensure each employer files the first report.
- Track every doctor’s visit—each confirms your inability to work.
- Note all correspondence dates to meet filing deadlines.
- Consider consulting a qualified workers’ compensation attorney for complex or denied claims.