West Virginia Workers Comp

How your weekly check is calculated in West Virginia

West Virginia pays 66⅔% of your average weekly wage for the weeks you cannot work because of the injury. The check is capped at the state maximum and floored at the state minimum. That sounds straightforward, and at the wage levels most people earn it is. Once your wage is high enough to bump into the cap, the math stops being two-thirds and starts being whatever $1,095.66 works out to.

A worked example for a worker earning $1,000 a week:

1. Pre-injury average weekly wage: $1,000
2. Two-thirds of that: $666.67
3. Compare to the state cap of $1,095.66: the cap does not bite at this wage, so the weekly check is $666.67.
4. Compare to the state floor of $365.22: the floor does not bite either, so $666.67 stands.

For a worker earning $3,000 a week, the math gets cut off by the cap. Two-thirds would be $2,000.00, but the state caps the check at $1,095.66. The amount above the cap is lost.

The four benefit types West Virginia pays

West Virginia workers comp pays in four buckets, and most claims involve more than one. A claim can sit in TTD for months, transition to PPD when the doctor declares the condition stable, and add a permanent total disability claim on top if the injury prevents any return to work.

Temporary total disability (TTD)

Pays while you cannot work at all because of the injury. Usually two-thirds of your average weekly wage, capped at $1,095.66. TTD ends when you return to work, when the doctor releases you, or when you reach maximum medical improvement.

Temporary partial disability (TPD)

Pays when you can work but only at reduced hours or lighter duties that cut your wages. West Virginia pays a share of the wage gap so the loss is cushioned while you recover.

Permanent partial disability (PPD)

Pays once you reach maximum medical improvement and a doctor finds a permanent loss. West Virginia uses a body-part schedule to set the number of weeks of PPD you get. The West Virginia settlement chart lays this out body part by body part.

Permanent total disability (PTD)

Pays if the injury leaves you unable to work in any reasonably available job. PTD usually runs for life, sometimes capped by retirement age, depending on the West Virginia statute.

Deadlines you have to hit in West Virginia

Two deadlines do most of the damage in West Virginia workers comp claims. Workers who miss them often find out months later, when the insurance company denies the claim and points at the calendar.

1. Notice to the employer: an unspecified number of days from the date of the injury. Write it down, give a copy to a supervisor, and keep proof you delivered it.
2. Formal claim filing: 0.5 years from the date of the injury, or from the last payment of medical or indemnity benefits, whichever is later.

Application for benefits must be filed within six months from the date of injury or last exposure (W.Va. Code § 23-4-15). Occupational pneumoconiosis claims have a three-year limit.

Statute citation: W.Va. Code §§ 23-4-6, 23-4-15

The West Virginia workers comp process, step by step

1. Report the injury to your employer in writing. Use the deadline above. Keep a dated copy. If the employer hands you a form, fill it out and request a copy on the spot. If they do not, send an email so there is a timestamp.
2. Get medical treatment and tell the provider it is work-related. The provider sends bills to the workers comp carrier instead of your health insurance. West Virginia has its own rules about which doctor you can see and when you can switch, so ask at the first visit.
3. Watch for the carrier to accept or deny the claim. If the claim is accepted, weekly checks start showing up after a short waiting period set by state law. If it is denied, you get a written notice explaining why.
4. Reach maximum medical improvement. The doctor decides when the condition is as good as it is going to get. The doctor then assigns an impairment rating, and the rating drives the permanent disability award.
5. Resolve the claim. West Virginia resolves claims either through an ongoing benefits award or a lump-sum settlement. Both have tradeoffs. The West Virginia settlement chart is the framework most settlements get valued against.

West Virginia body-part schedule, top of the chart

West Virginia assigns a number of weeks of PPD compensation to each major body part. The body parts with the longest weeks normally map to the most valuable settlements. Click any body part for the West Virginia settlement page on that injury. The full West Virginia chart has every body part and worked payout math.

Where you file a West Virginia workers comp claim

Sources for this page

Every number on this page traces to a public West Virginia or federal source.

• West Virginia OIC Workers' Compensation
• W.Va. Code § 23-4-6 Classification of Disabilities
• DOL OWCP State Workers' Compensation Officials