How Much Workers' Comp Pays 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.

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.

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.

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.

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.