West Virginia Workers' Compensation: Deadlines, Benefits and How to File
West Virginia workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for West Virginia
- Deadline to report the injury
- An injured employee (or representative) must give the employer or its agent written notice of the injury immediately, or as soon as practicable, stating the employer's and employee's names and addresses, the time, place, nature and cause of the injury, and whether temporary total… W. Va. Code § 23-4-1a
- 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; W. Va. Code § 23-4-15
- Weekly benefit rate
- Temporary total disability is 66⅔% of the injured employee's average weekly wage at the date of injury, up to 100% of the West Virginia average weekly wage, and generally not less than 33⅓% of the state average weekly wage (with some exceptions). W. Va. Code § 23-4-6(b)
- Maximum weekly benefit
- By statute, the temporary total disability maximum is 100% of the average weekly wage in West Virginia and the minimum is generally 33⅓% of it; permanent partial disability is capped at 70% of the state average weekly wage. W. Va. Code § 23-4-6
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | The state and local governments, volunteer fire and emergency service organizations, and all persons, firms and corporations regularly employing one or more people to carry on any industry, service or business in West Virginia are subject to the workers' compensation law. Employers that are not required to buy coverage (but may) include employers of domestic workers, employers of five or fewer full-time agricultural workers, casual employers (no more than three employees for temporary, sporadic work not exceeding 10 days in a calendar quarter), churches, and certain others. Coverage is bought from private insurance carriers or through approved self-insurance. The OIC notes West Virginia's market has been served by private carriers since privatization took effect in 2006. |
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| Deadline to report the injury | An injured employee (or representative) must give the employer or its agent written notice of the injury immediately, or as soon as practicable, stating the employer's and employee's names and addresses, the time, place, nature and cause of the injury, and whether temporary total disability resulted. Notice may be delivered personally or sent by certified mail to the employer. Source: W. Va. Code § 23-4-1a |
| 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 |
| Waiting period | If the disability does not last longer than three days from the day the employee leaves work, no award is made (other than medical payments). If the disability lasts longer than seven days, the first three days are paid. Source: W. Va. Code § 23-4-5 |
Benefits
| Weekly benefit rate | Temporary total disability is 66⅔% of the injured employee's average weekly wage at the date of injury, up to 100% of the West Virginia average weekly wage, and generally not less than 33⅓% of the state average weekly wage (with some exceptions). Temporary total awards are not adjusted for later changes in the state average weekly wage. Source: W. Va. Code § 23-4-6(b) |
|---|---|
| Maximum weekly benefit | By statute, the temporary total disability maximum is 100% of the average weekly wage in West Virginia and the minimum is generally 33⅓% of it; permanent partial disability is capped at 70% of the state average weekly wage. The rate is fixed by the date of injury. The current dollar maximum and minimum were not found on an official page; an undated Offices of the Insurance Commissioner return-to-work handout lists figures but could not be dated, so they are not used. Source: W. Va. Code § 23-4-6 |
| How long benefits last | Temporary total disability benefits are paid while the disability lasts, but no one may receive temporary total disability benefits for a single injury for more than 104 weeks (for awards made since the 2003 amendments). Permanent partial disability is generally paid at four weeks of compensation for each percent of disability, or six weeks per percent if the worker is released to the pre-injury job and the employer does not offer that or a comparable available job. A worker found at least 50% whole-body impaired who is denied permanent total disability and keeps working at a lower-paying job may receive temporary partial rehabilitation benefits for four years. |
| Permanent disability | Permanent partial disability is figured as a percentage of total disability and paid at four weeks of compensation for each percent, at 66⅔% of the worker's average weekly wage, capped at 70% of the state average weekly wage. Permanent total disability is paid at 66⅔% of the average weekly wage (up to 100% of the state average weekly wage) until the worker reaches the age for Social Security old-age retirement benefits. Source: W. Va. Code § 23-4-6(d), (e) |
| Death benefits | If a work injury causes death, wholly dependent survivors are paid, for as long as dependency continues, the amount the worker would have received for total disability: a dependent widow or widower until death or remarriage, and dependent children until 18 (or 25 if a full-time student, or as long as an invalid child remains disabled). Partially dependent persons may receive $50 a month for part of a six-year period. Reasonable funeral and cemetery expenses are paid in an amount fixed by the Insurance Commissioner. The current funeral expense amount fixed by the Insurance Commissioner was not found. Source: W. Va. Code §§ 23-4-4, 23-4-10 |
Doctors, filing, settlements and appeals
| Choosing a doctor | If the employer, private carrier or self-insured employer does not provide a managed health care plan, the injured worker may select the initial health care provider. If the employer has a managed health care plan, a worker who wants to change providers must choose a new one through that plan; going outside the plan requires written approval from the Insurance Commissioner, private carrier or self-insured employer. Source: W. Va. Code § 23-4-3 |
|---|---|
| How to file | Give your employer written notice of the injury, then file an application for benefits on the form prescribed by the Insurance Commissioner with your employer's private insurance carrier or self-insured employer (or the Insurance Commissioner, where applicable) within six months. The employer's carrier can be found on the workplace notice or through the Offices of the Insurance Commissioner's Coverage Verification System at www.wvinsurance.gov/Employer-Coverage. |
| Settlements | The parties may negotiate a final settlement of any and all issues in a claim at any stage of the administrative or appellate process, paid as a lump sum, a structured payment plan, a combination, or another agreed basis. A claimant settling medical benefits for a nonorthopedic occupational disease claim must be represented by a lawyer. Each settlement agreement must give the injured worker five business days to revoke the signed agreement and include the West Virginia State Bar's toll-free number. The Insurance Commissioner may void a settlement made by an unrepresented injured worker if it is found unconscionable under the Commissioner's rules. Except in cases of fraud, an approved settlement cannot be reopened. Source: W. Va. Code § 23-5-7 |
| Appealing a denial | A decision by the carrier, self-insured employer or Insurance Commissioner is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receiving it, with copies served on the other parties. A party aggrieved by a Board of Review decision may appeal to the West Virginia Intermediate Court of Appeals by filing a notice of appeal within 30 days after receiving notice of the decision (and in any event within 60 days of the decision). |
| 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). |
| Retaliation for filing | No employer may discriminate in any way against a current or former employee because the employee received or tried to receive workers' compensation benefits. It is also a discriminatory practice to fire an injured employee who is off work and receiving or eligible for temporary total disability, unless for a separate offense unrelated to the injury, or to fail to reinstate the employee to the former (or a comparable available) position on written demand when the employee is able to do the work. Employers that provide health insurance may not cancel or reduce it while the employee is receiving temporary disability benefits. |
| Filing or checking 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. |
| Lawyer fees in comp cases | 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 |
Lawsuits and uninsured employers
| Suing 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). |
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| 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 |
| If your employer has no workers' comp | An employer that fails to obtain and keep required workers' comp insurance (or permission to self-insure) is liable to its employees for all damages from work injuries caused by the wrongful act, neglect or default of the employer or its agents, and cannot use the fellow-servant, assumption-of-risk or contributory-negligence defenses (this loss of defenses does not apply to suits against political subdivisions or employers not required to have coverage). The Insurance Commissioner administers an Uninsured Employer Fund, which has subrogation rights for benefits it pays. |
Where to get help in West Virginia
Workers' Compensation FAQ
Which employers must have workers' comp in West Virginia?
The state and local governments, volunteer fire and emergency service organizations, and all persons, firms and corporations regularly employing one or more people to carry on any industry, service or business in West Virginia are subject to the workers' compensation law. Employers that are not required to buy coverage (but may) include employers of domestic workers, employers of five or fewer full-time agricultural workers, casual employers (no more than three employees for temporary, sporadic work not exceeding 10 days in a calendar quarter), churches, and certain others. Coverage is bought from private insurance carriers or through approved self-insurance.
How long do you have to report a work injury in West Virginia?
An injured employee (or representative) must give the employer or its agent written notice of the injury immediately, or as soon as practicable, stating the employer's and employee's names and addresses, the time, place, nature and cause of the injury, and whether temporary total disability resulted. Notice may be delivered personally or sent by certified mail to the employer.
What is the deadline to file a workers' comp claim in West Virginia?
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).
Is there a waiting period for workers' comp in West Virginia?
If the disability does not last longer than three days from the day the employee leaves work, no award is made (other than medical payments). If the disability lasts longer than seven days, the first three days are paid.
How much does workers' comp pay in West Virginia?
Temporary total disability is 66⅔% of the injured employee's average weekly wage at the date of injury, up to 100% of the West Virginia average weekly wage, and generally not less than 33⅓% of the state average weekly wage (with some exceptions). Temporary total awards are not adjusted for later changes in the state average weekly wage.
What is the maximum workers' comp benefit in West Virginia?
By statute, the temporary total disability maximum is 100% of the average weekly wage in West Virginia and the minimum is generally 33⅓% of it; permanent partial disability is capped at 70% of the state average weekly wage. The rate is fixed by the date of injury.
Can you choose your own doctor for workers' comp in West Virginia?
If the employer, private carrier or self-insured employer does not provide a managed health care plan, the injured worker may select the initial health care provider. If the employer has a managed health care plan, a worker who wants to change providers must choose a new one through that plan; going outside the plan requires written approval from the Insurance Commissioner, private carrier or self-insured employer.
How does permanent disability work under workers' comp in West Virginia?
Permanent partial disability is figured as a percentage of total disability and paid at four weeks of compensation for each percent, at 66⅔% of the worker's average weekly wage, capped at 70% of the state average weekly wage. Permanent total disability is paid at 66⅔% of the average weekly wage (up to 100% of the state average weekly wage) until the worker reaches the age for Social Security old-age retirement benefits.
What workers' comp death benefits are available in West Virginia?
If a work injury causes death, wholly dependent survivors are paid, for as long as dependency continues, the amount the worker would have received for total disability: a dependent widow or widower until death or remarriage, and dependent children until 18 (or 25 if a full-time student, or as long as an invalid child remains disabled). Partially dependent persons may receive $50 a month for part of a six-year period. Reasonable funeral and cemetery expenses are paid in an amount fixed by the Insurance Commissioner.
How do you file a workers' comp claim in West Virginia?
Give your employer written notice of the injury, then file an application for benefits on the form prescribed by the Insurance Commissioner with your employer's private insurance carrier or self-insured employer (or the Insurance Commissioner, where applicable) within six months. The employer's carrier can be found on the workplace notice or through the Offices of the Insurance Commissioner's Coverage Verification System at www.wvinsurance.gov/Employer-Coverage.
How do you appeal a denied workers' comp claim in West Virginia?
A decision by the carrier, self-insured employer or Insurance Commissioner is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receiving it, with copies served on the other parties. A party aggrieved by a Board of Review decision may appeal to the West Virginia Intermediate Court of Appeals by filing a notice of appeal within 30 days after receiving notice of the decision (and in any event within 60 days of the decision).
Can you be fired for filing workers' comp in West Virginia?
No employer may discriminate in any way against a current or former employee because the employee received or tried to receive workers' compensation benefits. It is also a discriminatory practice to fire an injured employee who is off work and receiving or eligible for temporary total disability, unless for a separate offense unrelated to the injury, or to fail to reinstate the employee to the former (or a comparable available) position on written demand when the employee is able to do the work. Employers that provide health insurance may not cancel or reduce it while the employee is receiving temporary disability benefits.
How long can you receive workers' comp in West Virginia?
Temporary total disability benefits are paid while the disability lasts, but no one may receive temporary total disability benefits for a single injury for more than 104 weeks (for awards made since the 2003 amendments). Permanent partial disability is generally paid at four weeks of compensation for each percent of disability, or six weeks per percent if the worker is released to the pre-injury job and the employer does not offer that or a comparable available job. A worker found at least 50% whole-body impaired who is denied permanent total disability and keeps working at a lower-paying job may receive temporary partial rehabilitation benefits for four years.
How do workers' comp settlements work in West Virginia?
The parties may negotiate a final settlement of any and all issues in a claim at any stage of the administrative or appellate process, paid as a lump sum, a structured payment plan, a combination, or another agreed basis. A claimant settling medical benefits for a nonorthopedic occupational disease claim must be represented by a lawyer. Each settlement agreement must give the injured worker five business days to revoke the signed agreement and include the West Virginia State Bar's toll-free number. The Insurance Commissioner may void a settlement made by an unrepresented injured worker if it is found unconscionable under the Commissioner's rules. Except in cases of fraud, an approved settlement cannot be reopened.
How do I file or check a workers' comp claim online in West Virginia?
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.
How much can a workers' comp lawyer charge in West Virginia?
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.
Can you sue your employer for a work injury in West Virginia?
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).
Can you sue a third party for a work injury in West Virginia?
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.
What if my employer doesn't have workers' comp insurance in West Virginia?
An employer that fails to obtain and keep required workers' comp insurance (or permission to self-insure) is liable to its employees for all damages from work injuries caused by the wrongful act, neglect or default of the employer or its agents, and cannot use the fellow-servant, assumption-of-risk or contributory-negligence defenses (this loss of defenses does not apply to suits against political subdivisions or employers not required to have coverage). The Insurance Commissioner administers an Uninsured Employer Fund, which has subrogation rights for benefits it pays.
How long do you have to appeal a denied workers' comp claim in West Virginia?
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.
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