westVirginia Workers' Compensation: Fast Facts
Coverage Requirements Under West Virginia State Law
Most West Virginia businesses with at least 5 full-time or part-time employees must provide workers' compensation insurance, with some exceptions. We list any employees automatically exempt from this insurance coverage requirement below.
Work-Related Injury or Illness Reporting Requirements
Report your job-related injury or illness to your employer immediately, preferably in writing, and seek medical care. You must report it within 24 hours to preserve your right to claim WV workman's comp benefits. If your employer uses a managed care network, you'll need to see an approved provider for ongoing treatment.
Where to Seek Medical Care
If you need emergency medical attention, go to the nearest hospital or clinic before you notify your employer. Otherwise, ask your employer for a list of doctors in their approved managed care network to choose from. If your employer doesn't use a managed care network, you can see any doctor you prefer for your first visit. However, your employer may require you to see an in-network physician for ongoing care.
Waiting Period for Lost-Wage Benefits in West Virginia
Your first 3 days off are always unpaid unless you cannot return to work for at least one week. Once your doctor keeps you off the job for more than a week, workers' compensation covers those first 3 days. If you can go back to work in 4 days or less, then workers' compensation only pays your medical expenses.
West Virginia Workers' Compensation Statute of Limitations
You have 6 months from your injury accident or illness diagnosis date to apply for West Virginia workers' compensation benefits.
West Virginia Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage (AWW), subject to the state's maximum and minimum amounts.
How Long You Can Receive West Virginia Workers' Comp Benefits
- Medical benefits:unlimited
- Death benefits:up to $7,000 for funeral and burial expenses, plus TTD payments until the surviving spouse remarries or dies, or dependent children turn 18
- Temporary Total Disability (TTD):biweekly payments for up to 104 weeks
- Permanent Partial Disability (PPD): monthly payments calculated based on 4 weeks of TTD payments multiplied by your percent of established disability
- Temporary Partial Disability (TPD):70% of the difference between your pre-injury and post-injury earnings for up to 104 weeks
- Permanent Total Disability (PTD):monthly TTD payments until you start drawing retirement benefits
West Virginia Workers' Comp Coverage Exemptions
The following employees are automatically exempt from West Virginia workers' compensation coverage requirements:
- Casual employees
- Church employees
- Domestic workers employed in private house
- Federal employees,including longshoremen and harbor workers
- Independent contractors
- Some professional sport athletes
- Sole proprietors
- volunteers police or rescue workers
West Virginia Workers' Compensation Attorney Fees
All West Virginia workman's comp lawyers work on contingency. This means you only pay legal fees if you win. If you don't win, then you pay your attorney $0. State law says your attorney cannot charge more than 20% in legal fees.
