Visitor Question

Workmans Comp Benefit for Salaried Workers?

Submitted By: Mary (West Virginia)

A service department manager (certified mechanic) has an injury to his thumb while working for a car dealership. This occurs while he is having to work extra and is overly tired from a special promotion at the dealership that is giving away free oil changes.

He is doing the oil changes and hurts his thumb.

Since he is salaried, is he entitled to workers compensation? Can you site a specific law case for this type of injury or claim? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mary,

Mary:

An employee of any company carrying Workmans Compensation Insurance in the State of West Virginia is entitled to the same benefits whether he is a salaried service manager or an hourly employee. The State of West Virginia does not make any exceptions for salaried employees.

Below is an extract from the West Virginia Workmans Compensation Act. As you can see the law is quite clear on the subject…

—————-

CHAPTER 23. WORKERS’ COMPENSATION.

ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO THE ACT

§23-2-1a. Employees subject to chapter.

(a) Employees subject to this chapter are all persons in the service of employers and employed by them for the purpose of carrying on the industry, business, service or work in which they are engaged…

—————-

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 27, 2011

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