Construction Injuries Workers Comp in West Virginia
Settlement Range: $30,000 – $120,000 | Max Weekly: $931
Construction Injuries Overview
Construction is one of the most dangerous industries, with workers facing hazards from the OSHA 'Fatal Four': falls, struck-by incidents, electrocutions, and caught-in/between accidents. Construction injuries range from minor cuts and bruises to catastrophic injuries including traumatic brain injuries, spinal cord damage, and amputations. The physically demanding nature of the work also contributes to overexertion injuries.
West Virginia Workers Comp Benefits
Max Weekly Benefit
$931
Benefit Duration
Up to 104 weeks (temporary total), then permanent benefits
Filing Deadline
6 months to report; 3 years to file claim
Waiting Period
3 days (retroactive after 7 days)
Average Settlement
$16,000 – $45,000
State Insurance Fund
Not available — private insurance required
Common Symptoms — Construction Injuries
- •Fractures and broken bones from falls or struck-by incidents
- •Traumatic brain injuries from falling objects or falls
- •Electrical burns and electrocution injuries
- •Crush injuries from heavy equipment or materials
- •Heat stroke and heat-related illnesses
- •Hearing loss from prolonged noise exposure
- •Respiratory conditions from dust, silica, or asbestos exposure
Key Facts
- ✓Construction workers are 5 times more likely to die on the job than average workers
- ✓The OSHA 'Fatal Four' account for over 60% of construction worker deaths annually
- ✓Multi-employer construction sites may allow third-party negligence claims
- ✓OSHA violations on construction sites significantly strengthen workers comp claims
- ✓Independent contractor misclassification can affect workers comp eligibility
- ✓Construction workers may be eligible for both workers comp and personal injury claims
- ✓West Virginia privatized its state fund in 2006 (BrickStreet, now Encova)
- ✓All employers must carry coverage
- ✓Benefits are 66⅔% of average weekly wage
- ✓Coal miners have additional black lung protections
Injured at Work in West Virginia?
Get a free workers comp case evaluation. Know your rights before talking to your employer's insurance.
Calculate Your Benefits →Construction Injuries Workers Comp in Other States
Other Workplace Injuries in West Virginia
This information is for educational purposes only. Consult a licensed workers compensation attorney in West Virginia.