The worst mistake people make is waiting to report the injury because they are afraid of retaliation. In West Virginia, your employer cannot lawfully discharge, threaten, or otherwise discriminate against you because you filed or tried to file a workers' compensation claim. That protection is in W. Va. Code § 23-5A-1.

A cut in hours can qualify as unlawful retaliation if it happened because of your claim. But a legal case turns on proof, not suspicion.

To prove it, start collecting documentation immediately:

• The date, time, and location of the crash, especially if it involved a work vehicle or travel for work in Huntington during spring pothole season
• Your injury report to the employer and the Employees' and Physicians' Report of Injury used to open the claim
• Any medical work restrictions, including light-duty limits from the treating doctor
• Payroll records showing your hours and pay before and after the claim
• Work schedules, texts, emails, and voicemails mentioning your injury, claim, missed time, or reduced shifts
• Names of coworkers who heard threats like "file comp and you'll lose hours"
• Any write-ups or discipline issued only after you reported the injury

West Virginia workers' compensation is insurance-based, so filing a claim does not mean you are suing your employer. If the employer had coverage, comp usually covers medical care and wage benefits, while a retaliation claim is a separate issue.

If your doctor releases you only to light duty, your employer does not have to invent a position. But they cannot use "no light duty available" as a pretext to punish you for filing. The difference is shown by records: whether other employees got hours, whether your schedule changed right after the claim, and whether the stated reason matches the paperwork.

If the crash involved someone outside the company - for example, another driver on Route 52 or a contractor vehicle - you may also have a third-party claim separate from workers' comp.