West Virginia Workers Compensation Benefits

Complete guide to workers comp benefits, filing deadlines, and rules in West Virginia (WV).

Max Weekly Benefit

$931

Benefit Duration

Up to 104 weeks (temporary total), then permanent benefits

Waiting Period

3 days (retroactive after 7 days)

Filing Deadline

6 months to report; 3 years to file claim

Average Settlement

$16,000 – $45,000

State Fund Available

No

Key Facts About West Virginia Workers Comp

  • •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

Common Industries in West Virginia

Workers in these West Virginia industries file the most workers compensation claims:

Coal MiningNatural GasManufacturingHealthcareConstruction

How to File a Workers Comp Claim in West Virginia

  1. Report your injury to your employer as soon as possible. West Virginia requires prompt written notice.
  2. Seek medical treatment from an authorized provider. Your employer or their insurer may have specific physician requirements.
  3. File your claim with West Virginia's workers compensation board before the deadline: 6 months to report; 3 years to file claim.
  4. Follow your treatment plan and keep records of all medical visits, expenses, and time missed from work.

Estimate Your West Virginia Benefits

Use our free calculator to estimate your weekly benefit amount based onWest Virginia's rates.

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