Workers Compensation Attorney West Virginia – Wage / Hour, Overtime, Employment


In West Virginia, employees have specific rights with regard to their employment after they file a Workers’ Compensation claim:

1.       No employer shall discriminate in any manner against any employee because the employee received or attempted to receive WV Workers’ Compensation benefits.

2.       Any employer who has provided medical insurance for an employee and his/her dependents by paying premiums, in whole or in part, shall not cancel or decrease employee or dependent benefits while the employee is claiming or receiving WV Workers’ Compensation benefits.  If the medical insurance policy required a contribution by the employee before the employee was injured with his/her worker’s compensation injury, then the employee must continue to make the contribution that was previously required.

3.       It is against the law and a discriminatory practice for an employer to terminate an injured employee while the injured employee is off work due to a WV Workers’ Compensation injury and is receiving or is eligible to receive Temporary Total Disability (TTD) benefits, unless the injured employee has committed a separate dischargeable offense.

4.       It is against the law and a discriminatory practice for an employer to fail to reinstate an employee who has sustained a WV Workers’ Compensation injury to the employee’s former position of employment once the employee is released to return to work without restrictions.

Therefore, once you file a West Virginia Workers’ Compensation claim, your employer cannot reduce your medical/health insurance coverage, your employer must put you back to work at your old job once you are released to return to work without restrictions, and your employer cannot fire you absent a specific reason such as theft or drug use.

If you have been fired after filing a workers’ compensation claim in West Virginia, or if you have been fired after reporting your employer for unsafe or illegal business practices,  you may have a claim.  Contact workers compensation attorney West Virginia and Jacobs Law Office.  Don’t Delay, call today!”

On April 1, 2010, Secretary of Labor Hilda Solis announced a new campaign entitled “We Can Help,” aimed at assisting low income workers in reporting wage and hour violations to the Department of Labor. The campaign consists of a new website and 1-800 number, combined with bilingual public service announcements by celebrities such as Esai Morales and Jimmy Smits.

The campaign is primarily targeted at employees in the construction, food service, janitorial, hospitality and health care fields. Employers in these targeted industries should be cognizant of these stepped up enforcement efforts and conduct regular audits to ensure compliance.

The following is a list of some of the professions we are investigating or some of the professions where we have found wage and hour violations or Fair Labor Standards Act (FLSA) violations.

Please note that just because a profession is listed as undergoing our wage and hour investigation does not necessarily mean that everyone in that profession is violating state or federal overtime laws. Nor does the fact that a certain profession is not listed here indicate that there is no violation of state or federal wage and hour laws. We analyze each specific inquiry on its own merits. However, if you do belong to one of the professions listed below (and check periodically for updates to the list) and are working overtime without being compensated for it, please contact us to investigate your claim.

Current Wage and Hour Investigations:

The following professions have been or are currently being investigated for wage and hour violations

  • Health aides

  • Cable installers (especially those using company equipment)

  • Car or auto mechanics

  • Mortgage organizations

  • Loan originators

  • Account executives

  • Ambulance drivers

  • Paramedics

  • Day laborers

  • Carpenters

  • Roofers

  • Electricians

  • Plumbers

  • Builders