West Virginia Workers' Compensation Benefits
West Virginia's workers' compensation system pays 70% of your average weekly wage, up to a state maximum of $1,079/week for temporary total disability. Use the calculators below to estimate your weekly benefit, your permanent disability award, and the lump-sum settlement value of your claim.
West Virginia benefit snapshot
- Max weekly TTD
- $1,079
- Min weekly TTD
- —
- Wage replacement
- 70%
- Effective
- 2026
How West Virginia workers' comp benefits are calculated
West Virginia multiplies your average weekly wage (AWW) by 70% to determine your weekly wage-replacement benefit. The result is capped at the state maximum of $1,079 per week.
Your AWW typically reflects gross earnings over the 52 weeks before the injury, including overtime, bonuses, and (in many states) earnings from a second job. Permanent disability awards in West Virginia are then calculated by multiplying this weekly rate by a scheduled number of weeks for the affected body part and your impairment percentage.
Weekly benefit examples in West Virginia
| Average weekly wage | Weekly TTD (70%) | Annual | At state cap? |
|---|---|---|---|
| $600 | $420 | $21,840 | No |
| $900 | $630 | $32,760 | No |
| $1,200 | $840 | $43,680 | No |
| $1,800 | $1,079 | $56,108 | Yes |
| $2,500 | $1,079 | $56,108 | Yes |
What affects your West Virginia settlement value
- Average weekly wage and resulting weekly TTD rate.
- Permanent impairment rating and the affected body part's scheduled weeks.
- Past and projected future medical costs (including any Medicare set-aside).
- Whether you have legal representation — represented claims settle ~30–40% higher.
- Whether the claim is disputed or has compensability issues.
- Pre-existing conditions or prior injuries to the same body part.
- Your ability to return to work in the same or modified capacity.
West Virginia workers' comp FAQ
What is the maximum weekly workers' comp benefit in West Virginia?+
The current maximum TTD rate in West Virginia is $1,079 per week.
How is the weekly workers' comp rate calculated in West Virginia?+
West Virginia pays 70% of your average weekly wage (AWW), capped at $1,079 per week.
What is the minimum workers' comp benefit in West Virginia?+
West Virginia does not set a fixed statutory minimum weekly TTD benefit.
How long can I receive TTD benefits in West Virginia?+
TTD continues until you return to work, are released by your treating physician, or reach Maximum Medical Improvement (MMI). West Virginia also caps the total number of TTD weeks under state statute.
Are workers' comp benefits taxable in West Virginia?+
No. Workers' compensation benefits in West Virginia are exempt from federal and state income tax.
Can I see my own doctor in West Virginia?+
Treating-physician choice rules vary by state. In many states the employer or insurer chooses the initial physician; some states allow the worker to select their own. Check the West Virginia workers' comp board for your specific rights.
What if my West Virginia employer is underpaying me?+
Insurance carriers commonly miscalculate AWW by excluding overtime, bonuses, or secondary income. If your weekly check ($840 for an AWW of $1,200) appears low, request the carrier's AWW worksheet and consult a West Virginia workers' comp attorney.
Get a Free West Virginia Workers' Comp Claim Review
Workers' comp attorneys in West Virginia work on contingency — you pay nothing unless they win.
Get a Free West Virginia Claim Review →Is your West Virginia insurance carrier underpaying you?
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Workers' comp calculators by state
These calculations are estimates based on your inputs and general workers' compensation formulas. Actual benefits depend on state law, your specific injury, employer insurance carrier, and other factors. This is not legal advice. Consult a licensed workers' compensation attorney for guidance specific to your claim.