Workers' comp claim denied in West Virginia: what to do next

Read the carrier's written decision; it must tell you the deadline to object. To protest, send a written objection with a copy of the decision to the Workers' Compensation Board of Review, P.O. Box 2628, Charleston, WV 25329-2628, within 60 days after you receive the decision, and send copies to your employer and the carrier.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in West Virginia

Who decides

Workers' Compensation Board of Review

First step

Deadline

An objection must be filed with the Board of Review within 60 days after you receive the decision; otherwise the decision becomes final.

Medical disagreements

Decisions on medical treatment are made by the carrier in writing and can be protested to the Board of Review within 60 days, the same way as other decisions. The carrier may send you to a medical examination, at its expense, to evaluate your condition.

Appealing the decision

Intermediate Court of Appeals.

Source: within 30 days after notice of the Board of Review's final action

Send a written protest (objection), with a copy of the decision, to the Workers' Compensation Board of Review within 60 days after you receive the decision, and serve copies on all parties.
The Board of Review hears and decides the protest.
A party who disagrees with the Board of Review's final action can appeal to the Intermediate Court of Appeals within 30 days after receiving notice of it.

Law: W. Va. Code §§ 23-5-1a, 23-5-12a

Source: wvinsurance.gov

Sources

The official sources for West Virginia are listed on the West Virginia page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org