Bailey, Stultz, Oldaker & Greene P.L.L.C.

Workers’ Compensation

Workers’ Compensation is a no-fault system designed to provide medical treatment, vocational and physical rehabilitation, and compensation for wage loss and permanent injury resulting from injury, disease or death occurring in the course of and resulting from employment. Compensable claims include:

- Occupational Pneumoconiosis (OP): OP is a broad category of lung disease caused by inhalation of minute dust particles in the workplace.  It may cause scarring of the lungs and impairment of breathing.  It is commonly referred to as “white lung” or “black lung”.

- Occupational Injury:  An occupational injury is an injury which occurs in the course of and resulting from employment.  

- Occupational Hearing Loss: Under West Virginia law, a hearing loss resulting from exposure to noise in the work place is compensable.  The exposure is usually to steady-state noise with continual exposure over an extended period of time.  Single event traumatic exposures are reported as occupational injuries.

- Occupational Disease (OD): An OD is a disease which arises in the course of and resulting from employment.  Example of diseases which may be occupationally related include mesothelioma, lung cancer, non-Hodgkin’s lymphoma, multiple myeloma, leukemia, carpal tunnel syndrome, occupational asthma, failed back syndrome, and numerous others.

- Occupational Death: Dependents’ benefits are payable when an injury, illness or disease suffered by an employee in the course of and resulting from his or her employment contributes in any material degree to the death of the employee.

You have only a limited time following injury, death or development of disease in which to file a claim for workers’ compensation benefits (referred to as your statute of limitations).  If you have been injured on the job or have been exposed to dust, chemicals or noise in the workplace, contact Bailey, Stultz, Oldaker & Greene toll free at 1-866-266-6853 to learn more about your rights under West Virginia Workers’ Compensation law.  

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