West Virginia provides 66.67% of the average weekly wage for temporary total disability up to 208 weeks (4 years). All employers must carry workers' compensation insurance. The state has a 3-day waiting period, retroactive after 7 days.
Your Estimated Workers' Comp Benefits
State
Compensation Rate
Calculated Weekly Benefit
State Max Weekly Benefit
Your Weekly Benefit
Waiting Period
Disability Duration
Total Wage Replacement
Medical Coverage Estimate
Total Estimated Compensation
Note: Workers' comp generally covers 100% of reasonable and necessary medical expenses. The medical coverage estimate shown reflects your entered expenses. Actual coverage may be higher if additional treatment is needed.
Example: West Virginia Workers' Comp Calculation
Suppose a worker in West Virginia earning $1,000 per week suffers a temporary total disability lasting 12 weeks with $10,000 in medical bills:
- Weekly benefit: $1,000 x 66.7% = $667/week
- Capped at state max: $667/week (within cap)
- Total wage replacement: $8,000 (12 weeks)
- Medical coverage: $10,000 (100% of reasonable expenses)
- Total estimated compensation: $18,000
Frequently Asked Questions - West Virginia Workers' Comp
What is the maximum weekly workers' comp benefit in West Virginia?
The maximum weekly workers' compensation benefit in West Virginia is $876. This cap is applied after calculating your benefit as 66.7% of your average weekly wage. If your calculated benefit exceeds this maximum, you will receive the maximum amount.
How long is the waiting period for workers' comp in West Virginia?
West Virginia has a 3-day waiting period before wage replacement benefits begin. If your disability lasts more than 7 days, benefits become retroactive and you'll be paid for the waiting period as well.
How long do I have to file a workers' comp claim in West Virginia?
In West Virginia, you have 2 years from the date of injury to file a workers' compensation claim. You should report the injury to your employer as soon as possible, typically within 30 days, to protect your rights.
Is West Virginia a monopolistic workers' comp state?
No, West Virginia is not a monopolistic state. Employers can purchase workers' compensation insurance from private insurers or, in some cases, self-insure if they meet certain financial requirements.
How is the average weekly wage calculated in West Virginia?
In West Virginia, the average weekly wage (AWW) is typically calculated by taking your total earnings over a 52-week period (or shorter if employed less than a year) and dividing by the number of weeks worked. This includes regular wages, overtime, bonuses, and other forms of compensation.
