Workers' Comp Settlements 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.

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.

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.