Workers' Compensation

If an employee sustains a job-related illness or injury, the employee may be eligible to receive benefits under the Workers' Compensation Fund.  The Workers' Compensation Fund provides compensation for loss of wages due to both temporary and permanent disabilities as well as payments for approved medical expenses. 

Employees are expected to notify their supervisors and the West Virginia Department of Education Office of Human Resources immediately of any injury sustained while on duty.  The Employee Manual on Workers’ Compensation and Employee’s and Physician’s Report of Occupational Injury can be found at http://wvde.state.wv.us/hr/currentEmployees.php.  When an employee is absent from work due to a compensable work-related injury or illness, the employee may elect to receive Temporary Total Disability Benefits (TTD) or take paid sick leave during the period of absence from work but may not receive both simultaneously.  W. Va. Code §23-4-1 provides that employees of the state are ineligible to receive workers’ compensation benefits while drawing sick leave benefits at the same time for the same reason.  Therefore, the employee must make his/her choice known by completing an Election of Option Form http://wvde.state.wv.us/hr/currentEmployees.php and returning the form to the WVDE Office of Human Resources.  Employees receiving paid sick leave and/or annual leave until initial TTD benefits check must reimburse the net value of the paid leave to the Department who will then restore that leave.  Additional information on Workers’ Compensation may be obtained at the website of the West Virginia Offices of the Insurance Commissioner http://www.wvinsurance.gov/WorkersCompensation.aspx or from the WVDE Office of Human Resources.