What happens if a worker's disability lasts longer than 7 days, regarding the initial 3-day waiting period?

When a worker's disability extends beyond 7 days, the initial 3-day waiting period becomes important in the context of workers' compensation claims. Under West Virginia law, if an employee remains out of work due to an accepted occupational injury or disease for longer than 7 consecutive days, the payments for the first 3 days of the disability are made retroactively.

This means that while there is a waiting period for payment during the first 3 days, once the disability lasts longer than a week, the worker will receive compensation for those initial 3 days as part of their overall benefits. Essentially, the retroactive payment acknowledges the worker's inability to earn wages during the waiting period and ensures they are compensated for the entirety of their lost time, starting from the day of the injury, as long as the total duration meets the threshold.

The importance of understanding this provision helps adjusters address claims accurately and assures workers that their benefits account for even the preliminary days of their recovery, promoting confidence in the system.