HB 5515 modernizes West Virginia's workers' compensation laws by updating outdated statutes and procedures. It revises key provisions for reporting workplace injuries, requiring employees to notify employers in writing within a specified timeframe and employers to report injuries to insurers within five days. The bill removes obsolete sections from 2005-2006 revisions, standardizes references to government agencies, updates statutory citations, and changes the Board of Review membership from five to a minimum of three but no more than five members. These changes directly affect workers, employers, and insurers by clarifying reporting requirements and streamlining administrative processes under the current workers' compensation system.
HB 5256 removes an exemption allowing nonprofit workshops to pay workers with disabilities below minimum wage, requiring all such workers to receive standard minimum pay. It establishes a state task force with 17 members - including disability advocates, agency representatives, and service providers - to develop an "Employment First Policy" prioritizing integrated, competitive employment in the general workforce. The policy shift mandates state agencies to align services toward helping people with disabilities achieve competitive wages and benefits in mainstream jobs, rather than segregated settings. This directly affects individuals with disabilities employed in nonprofit workshops and state-funded employment programs.
This bill removes time limits for workers to file or modify claims related to progressive massive fibrosis, a lung disease often linked to occupational exposure (like mining). It directly affects workers who develop this condition, allowing them to pursue or adjust compensation claims without being barred by past deadlines. The bill amends West Virginia's workers' compensation code to eliminate statute of limitations barriers specifically for these claims and adds a new impairment rating for progressive massive fibrosis. This change ensures affected workers can access benefits regardless of when symptoms first appeared or worsened.
HB 4589 clarifies that time limits for filing occupational pneumoconiosis claims do not restrict when workers can seek medical evaluations from the Occupational Pneumoconiosis Board. It directly affects coal miners and others diagnosed with pneumoconiosis (like black lung disease) who need to obtain board evaluations to pursue compensation. The bill explicitly states that standard claim filing deadlines (three years for diagnosis or exposure) do not apply to the evaluation process itself. This ensures claimants can access necessary medical assessments without being barred by the usual time limits for submitting formal claims.
HB 4901 modifies West Virginia's workers' compensation system to create a new award category for miners with occupational pneumoconiosis (black lung disease) who have pulmonary massive fibroids but no current breathing impairment. This change allows affected miners to file claims earlier, before symptoms develop, addressing a gap where future impairment would otherwise fall outside filing deadlines. The bill specifically establishes payment guidelines for this condition under Section 23-4-2 of the West Virginia Code. It directly affects coal miners diagnosed with early-stage pneumoconiosis who have not yet experienced respiratory symptoms. The key mechanism is the new compensation category, enabling timely benefits for a condition that may cause future health issues.
SB 110 creates West Virginia's State Black Lung Program to provide financial benefits to coal miners diagnosed with occupational pneumoconiosis (black lung disease). It establishes a conclusive presumption of entitlement to pain and suffering benefits after 10 years of exposure (with 15 years required for full benefits), requiring no total disability proof. Benefits are calculated as $200 monthly base plus $15 per additional year beyond 15 years of exposure, and recipients may claim these as a state tax credit. The program is funded by a new 10% tax on coal severance and electricity generation from solar/wind devices, depositing revenue into the State Black Lung Fund.
HB 4377 requires medical providers treating workers for workplace injuries to administer a blood test within 12 hours to check if the worker was drunk or high at the time of the injury. This applies to workers claiming benefits for traumatic injuries occurring during employment. If a worker refuses the test (after being given 15 minutes to reconsider), they lose all workers' compensation benefits for that injury. The law takes effect July 1, 2026.
HB 4595 would allow West Virginia to approve short-term job training programs for eligibility for federal Workforce Pell Grants. The bill requires the governor, working with the Workforce Development Board, to approve programs that prepare students for high-skill, high-wage, or in-demand jobs (defined as those with earnings above 150% of the federal poverty level or identified in workforce projections). It establishes state rules for program approval and ensures alignment with federal requirements. This change would directly affect short-term training programs and their students seeking federal grant support for career-focused education. The bill takes effect January 1, 2027.