Hiring a Workers' Compensation Lawyer in West Virginia
The limits on workers' comp lawyer fees in West Virginia, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in West Virginia: fee rules
| Rules on contingency fees | Under West Virginia Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The West Virginia State Bar's Voluntary Fee Dispute Resolution Program helps clients and lawyers work out disagreements over fees or costs; either side can start it. An attorney member of the District Grievance Committee living in the claimant's county contacts both parties to try to resolve the dispute, ideally within 30 days. Send a description of the dispute and relevant documents to the State Bar's Executive Director at director@wvbar.org or 2000 Deitrick Blvd., Charleston, WV 25311. |
| If a lawyer takes your money | The West Virginia State Bar's Lawyers Fund for Client Protection reimburses losses caused by dishonest conduct (theft, embezzlement, wrongful conversion, refusing to refund unearned advance fees, or borrowing from a client without intent to repay) of West Virginia lawyers within a lawyer-client or fiduciary relationship. Losses of the lawyer's family, partners, associates or employees, losses covered by bonds or insurance, and government losses are excluded. Under the Fund's rules, awards are capped at $20,000 per claim and $40,000 per attorney per year (subject to change by the Board of Governors), excluding interest and incidental expenses. File within two years after you knew or should have known of the dishonest conduct and the loss, using the Fund's application form; questions 304-553-7220. Program page: https://wvbar.org/public-information/lawyers-fund-for-client-protection/ |
West Virginia rules to know first
| Lawyer fee limits | West Virginia law bars a claimant's attorney from charging or receiving more than 20 percent of any award, and the fee may not exceed 20 percent of benefits paid over a 208-week period (interest excluded). A final-settlement fee may be up to 20 percent of total medical and indemnity benefits, but combined with earlier permanent disability fees may not exceed 20 percent of an award. When an attorney successfully recovers denied medical benefits from a private carrier or self-insured employer, the carrier pays reasonable fees of up to $125 per hour, limited to $500 per litigated medical issue and $2,500 per claim. Source: W. Va. Code 23-5-16a |
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| Deadline to file a claim | An application for compensation must be filed on the prescribed form with the Insurance Commissioner, the private carrier or the self-insured employer (whichever applies) within six months after the injury or death; otherwise the right to compensation is forever barred. Occupational pneumoconiosis and other occupational disease claims have separate, longer time limits (for occupational pneumoconiosis, three years). Source: W. Va. Code § 23-4-15 |
| Deadline to challenge a denial | A decision by the Insurance Commissioner, private carrier or self-insured employer on a claim is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receipt of the decision; the deadline is jurisdictional. A party aggrieved by the Board of Review's decision may appeal to the West Virginia Intermediate Court of Appeals by filing a written notice of appeal within 30 days after receiving notice of the decision, and in any event within 60 days after the decision date. These sections took effect July 1, 2022, replacing the former Office of Judges procedure (§§ 23-5-1, 23-5-12, now repealed). |
| Can you sue your employer? | Generally no. An employer that keeps required workers' comp coverage (or is approved to pay directly) and is not in default is not liable in damages at common law or by statute for an employee's injury or death, however it occurs. The immunity is lost only if the employer acted with 'deliberate intention', proved either by a consciously formed specific intent to injure (not negligence or even willful, wanton or reckless conduct) or by all the facts in a statutory list beginning with a specific unsafe working condition; the worker may then sue for damages beyond comp benefits. An employer that fails to carry required coverage can also be sued (see uninsured_employer). |
| Suing someone other than your employer | Yes. A worker injured by a third party's act or omission may collect workers' comp and also make a claim against the third party. On a recovery, the private carrier or self-insured employer has statutory subrogation for indemnity and medical benefits paid as of the recovery (for claims accruing on or after January 1, 2006), and a statutory subrogation lien attaches to the money received; reasonable attorney fees and costs are deducted, and the party with the subrogation right may negotiate the amount it accepts. The worker, dependents or their attorney must give reasonable notice of the third-party claim to the Insurance Commissioner or carrier. Source: W. Va. Code § 23-2A-1 |
| Filing a claim online | Under the Insurance Commissioner's workers' compensation rule, immediately after a workplace injury you should get necessary medical care, give your employer written notice as soon as practicable (notice within two working days counts as immediate), and file a workers' compensation claim or ask that one be filed for you. Failing to give prompt notice weighs against your claim. |
Find and check a lawyer
| Lawyer referral service | The West Virginia State Bar Lawyer Referral Service is a public service that helps you find a qualified, local lawyer experienced with your type of legal issue. Contact the attorney and mention the referral service; the attorney may agree to an initial consultation for no more than $25 for the first 30 minutes, and you are under no obligation to hire the lawyer. Phone: (304) 553-7220. |
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| Check that the lawyer is licensed | The West Virginia State Bar publishes a Membership Directory Search and a PDF directory of its members on its Public Programs page. State Bar phone: 304-553-7220 (toll free 866-989-8227). Membership Directory Search: https://www.mywvbar.org/membership-search-members |
| Check discipline history or file a complaint | The Office of Lawyer Disciplinary Counsel (ODC) investigates and prosecutes violations of the West Virginia Rules of Professional Conduct. Download the Complaint Packet and Complaint Form from the ODC website and mail or deliver the complaint to the Office of Lawyer Disciplinary Counsel, West Virginia Judicial Tower, 4700 MacCorkle Avenue SE, Suite 1200, Charleston, WV 25304; phone (304) 558-7999, fax (304) 558-4015 (9 a.m.-5 p.m. weekdays). The ODC publishes disciplinary decisions on its website. Disciplinary decisions: https://wvodc.org/disciplinary-decisions-page |
Free legal help
| Free legal aid | Legal Aid of West Virginia provides free civil legal services (clients are not charged, though some court filing fees may apply). Apply online or by phone at 866-255-4370 (Monday, Wednesday, Thursday and Friday 8:30 am-3:30 pm; Tuesday 8:30 am-12:30 pm); interpreters are available. LSC lists Legal Aid of West Virginia as its West Virginia grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in West Virginia · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.