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.
Talk to a workers' comp attorney in West Virginia.
Free, confidential consultation. Statute-of-limitations rules have many exceptions — a lawyer can confirm your specific deadline.
Notice to employer
Notice rule is being re-verified for this state.
Filing with the state
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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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/