Disclaimer: This article is for informational purposes only. It does not constitute legal advice.
Detailed Answer: Recovering Lost Wages After an Accident in West Virginia
1. Workers’ Compensation Benefits
If your injury occurred on the job or arose out of employment, you likely qualify for workers’ compensation. Under West Virginia Code §23-4-1, employers must carry insurance or self-insure to cover medical expenses and wage loss. Workers’ compensation typically pays two-thirds of your average weekly wage, subject to statutory maximums. To file a claim:
- Report the injury in writing to your employer within 30 days (W. Va. Code §23-4-1).
- Submit Form 7 (Employee’s Claim) to the Workers’ Compensation Commission.
- Attend any independent medical exams requested.
- Receive wage-loss benefits while you are unable to work.
2. Personal Injury (Negligence) Claim
If a third party caused your accident—such as a negligent driver or property owner—you can file a personal injury lawsuit. You may recover economic damages, including lost wages, under West Virginia Code §55-7-6. Economic damages cover past and future income loss tied directly to your injury. Key steps:
- Gather evidence: accident reports, medical records, pay stubs.
- Calculate lost earnings, including bonuses or raises you would have earned.
- File suit before the two-year statute of limitations expires (W. Va. Code §55-2-12).
3. Short- and Long-Term Disability Insurance
If you purchased private disability coverage or your employer offers group plans, these policies can replace a percentage of your salary. Short-term plans kick in after employer sick leave runs out and typically cover 3–6 months. Long-term policies begin after short-term benefits end and can extend for years or until retirement age. Review policy definitions of “total disability” and notice requirements. File promptly to avoid benefit denials.
4. Federal Disability Benefits (SSDI and SSI)
If your injury causes a long-term inability to work, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). To apply, show you have a “medically determinable impairment” that prevents substantial gainful activity for at least 12 months. Visit the SSA website or your local Social Security office. Processing can take several months, so apply early if your condition is severe.
5. Unemployment Benefits
West Virginia unemployment benefits generally require you to be able and available to work. If you are medically certified as unable to work, you won’t qualify until you regain work capacity. However, if you can perform light duties and your employer cannot accommodate you, you might be eligible while seeking alternate work.
Helpful Hints
- Document all lost-time: keep detailed records of days missed and lost pay.
- Save pay stubs, W-2s and employment contracts to prove your income history.
- Obtain comprehensive medical reports linking your injuries to lost work.
- Report injuries promptly to preserve workers’ compensation rights.
- File personal injury claims well before the two-year deadline (W. Va. Code §55-2-12).
- Review deadlines and documentation requirements for disability insurance.
- Consult an attorney early to strategize combined workers’ comp and tort claims.