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WorkersCompDeadline
Last verified May 4, 2026Verified statute

West Virginiaworkers' comp filing deadline

For non-OD injuries/death: application must be filed within 6 MONTHS from injury or death (§23-4-15). This time limitation is jurisdictional and a condition of the right. For occupational disease (other than pneumoconiosis): 3 years from last exposure or knowledge of disease (whichever is later). Pneumoconiosis has separate timing.

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Notice to employer

Notice rule is being re-verified for this state.

Filing with the state

6mo

For non-OD injuries/death: application must be filed within 6 MONTHS from injury or death (§23-4-15). This time limitation is jurisdictional and a condition of the right. For occupational disease (other than pneumoconiosis): 3 years from last exposure or knowledge of disease (whichever is later). Pneumoconiosis has separate timing.

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Last verified May 4, 2026

Exceptions and tolling

Statute-of-limitations rules have many exceptions that can extend or pause the clock. The most common in West Virginia:

  • Occupational disease — discovery or last exposure

    OD: 3 years from later of (a) last exposure, or (b) date occupational disease was made known to employee by physician or should reasonably have known.

  • Minor tolling

    Mental or physical incapacity allows attorney or family member to file (§23-4-15)

  • Mental / disability tolling

    Mental or physical incapacity exception allows filing through proxy (§23-4-15)

  • Death claim deadline

    Survivors filing for death benefits typically have 6 months from date of death. This calculator does not yet handle death claims; consult a lawyer for those.

Attribution

Last verified
May 4, 2026
Editorial review
Statute linked to primary source
Primary source
https://code.wvlegislature.gov/23-4-15/