West Virginia Workers' Comp Settlement Calculator
Estimate a workers' comp settlement under West Virginia law. The calculator applies this jurisdiction's own benefit rate and weekly maximum, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.
What West Virginia pays, and when you must act
Workers' compensation pays a share of your wage while you cannot work, whoever was at fault, up to a weekly maximum the state sets. Two deadlines run from the injury: one for reporting it and one for filing the claim. Here is what we hold for this state.
We do not hold a verified current maximum weekly benefit for West Virginia. The FY2027 benefit-rate spreadsheet was identified but its values could not be extracted. W. Va. Code § 23-4-6(b) sets temporary total disability at sixty-six and two-thirds percent of the average weekly wage earnings for awards made since its 2003 amendment, and this estimate applies that rate to gross wages.
W. Va. Code 23-4-15 generally requires the application within 6 months of the injury or death, with separate rules for occupational disease. Our filing-deadline field counts whole years, so it cannot state a 6-month window, and rounding it up would tell you that you have twice the time you actually do. Ask a West Virginia attorney or the Insurance Commissioner's office about your deadline.
§ 23-4-15·Last reviewed 2026-08-09
“Any settlement agreement may provide for a lump-sum payment or a structured payment plan, or any combination thereof, or any other basis as the parties may agree.”
W. Va. Code § 23-5-7(a)·Last reviewed 2026-10-07
What West Virginia pays at different wages
The weekly benefit the calculator above pays at six average weekly wages, and what that comes to over 12 weeks out of work. The numbers are the engine's output, not an editorial claim about what these claims are worth.
Temporary total disability only, run through the calculator above at each wage: no medical costs, no permanent impairment, no waiting period or limit on the number of weeks, and one rate for every week, so a different rate the state sets for part of a claim (see the note under the maximum) is not applied. We hold no verified maximum weekly benefit for West Virginia, so these rows apply 66.67% with no ceiling. West Virginia does cap the weekly benefit, so at the higher wages the real benefit can be lower than shown. These wages illustrate the rule; they are not an estimate of your claim.
Every West Virginia deadline we hold
A claim can be more than one kind of case, and the clock is different for each. These are the West Virginia periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.
W. Va. Code § 55-2-12(b)·Source retrieved 2026-07-27
Open the personal injury calculatorW. Va. Code § 55-7B-4·Source retrieved 2026-07-27
Open the medical malpractice calculatorW. Va. Code § 55-7-6(d)·Source retrieved 2026-07-27
Open the wrongful death calculatorW. Va. Code 23-4-15 generally requires the application within 6 months of the injury or death, with separate rules for occupational disease. Our filing-deadline field counts whole years, so it cannot state a 6-month window, and rounding it up would tell you that you have twice the time you actually do. Ask a West Virginia attorney or the Insurance Commissioner's office about your deadline.
Open the workers compensation calculatorW. Va. Code § 55-2-12(b)·Source retrieved 2026-07-27
Open the slip and fall calculatorWest Virginia against the rest of the country
Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.
- 39 of the 51 jurisdictions we track pay 66.67% of the wage, the most common rate, and West Virginia is one of them. It applies the rate to gross wages, as 47 of the 51 do; the rest use after-tax earnings.
- 34 of the 51 jurisdictions have a verified maximum weekly benefit in our data, and they run from $800 in Georgia to $2,431 in Iowa. West Virginia is one of the 17 we hold no verified current figure for, so this page does not rank it.
- Filing deadlines for this case type run from 1 year to 4 years across the country. We hold no verified deadline for West Virginia, so this page does not state one.
- In 44 of the 51 jurisdictions, the statute we read provides for settling or commuting a claim to a lump sum on the terms it states; in 4 it allows one only in the cases it names; and for 3 we could not read an official copy. West Virginia is in the first group.
Comparisons are drawn from the rules that set a benefit, not from closed-claim data, which we do not hold. See the full methodology
West Virginia calculators
West Virginia Workers' Comp questions
Every document behind our workers' compensation figures, each linked with the date we last read it, is listed on our Workers' Compensation research sources page.