West Virginia Workers Comp Settlement Estimator
Estimated settlement ranges for West Virginia across 20 common workplace injury types, built from West Virginia's actual benefit formula — not a national average.
West Virginia Workers Comp Rules at a Glance
- Wage replacement rate: 66.67%%
- Maximum weekly benefit: $1,135/week
- Waiting period: 3 days
- Filing deadline: 182 days
- Attorney contingency fee: 20%
- State agency: West Virginia Offices of the Insurance Commissioner
Full filing deadline guide for West Virginia → · How to file a claim in West Virginia →
How a Claim Is Actually Calculated Here
On a $1,000 average weekly wage, West Virginia's formula puts the weekly benefit at $667. Over a typical 12-week recovery for a back injury, that's $8,000 in wage replacement before the settlement multiplier — producing the $12,000–$32,000 estimate shown in the table below. See the full methodology for how every number on this site is built.
Settlement Estimates by Injury Type
| Injury Type | Estimated Range | |
|---|---|---|
| Back and Spinal Injury | $12,000 – $32,000 | View estimate |
| Neck Injury | $6,900 – $16,000 | View estimate |
| Shoulder Injury (Rotator Cuff) | $10,000 – $23,300 | View estimate |
| Knee Injury | $9,300 – $21,300 | View estimate |
| Carpal Tunnel / Repetitive Stress | $4,800 – $10,000 | View estimate |
| Traumatic Brain Injury (TBI) | $26,700 – $80,000 | View estimate |
| Herniated Disc | $14,900 – $37,300 | View estimate |
| Fracture — Upper Extremity | $6,900 – $16,000 | View estimate |
| Fracture — Lower Extremity | $11,200 – $28,000 | View estimate |
| Hearing Loss (Occupational) | Pending verification | View estimate |
| Burn Injury | $10,000 – $30,000 | View estimate |
| Amputation — Finger/Hand | $21,300 – $53,300 | View estimate |
| Amputation — Toe/Foot | $16,800 – $37,300 | View estimate |
| Hernia | $4,800 – $10,000 | View estimate |
| Occupational Lung Disease | Pending verification | View estimate |
| Chemical Exposure | $3,500 – $9,300 | View estimate |
| Psychological Injury (PTSD/Stress Claim) | $5,300 – $16,000 | View estimate |
| Vision Loss/Eye Injury | $3,700 – $9,300 | View estimate |
| Heart Attack (Occupational Stress Claim) | $6,700 – $20,000 | View estimate |
| Death Benefits (Survivor Claim) | Pending verification | View estimate |
Estimates only, not legal advice. See individual injury pages for the full calculation and this state's specific rules.
Not sure which injury applies to you?
Use the live calculator on the homepage to plug in your own wage and get an instant estimate for any injury type, not just the ones listed here.
Try the Live CalculatorOfficial Sources
- workcompcalc.com — Primary source
- findlaw.com — SoL
- atticus.com — Waiting period
- disabilityapprovalguide.com — Contingency
Common Disputes in West Virginia
Disputes in West Virginia tend to fall into a few recurring categories: compensability (is this really a work injury), the extent of permanent disability, and disagreements over how average weekly wage was calculated.
Because West Virginia is a monopolistic state fund state, a dispute here means dealing directly with the state fund rather than a private insurance adjuster — the underlying issues are the same, but who you're actually negotiating with is different.
West Virginia Workers Comp — Common Questions
How long do I have to file a workers comp claim in West Virginia?
182 days from the date of injury. See the full filing deadline guide above for exceptions that can extend it.
Do I need a lawyer for a workers comp claim in West Virginia?
Not always — straightforward, undisputed claims often don't need one. Attorneys here work on contingency (20%), so a free case review costs nothing even if you're unsure.
What agency handles workers comp claims in West Virginia?
West Virginia Offices of the Insurance Commissioner oversees workers comp claims in West Virginia.
Is West Virginia a monopolistic state fund state?
Yes — employers in West Virginia must buy workers comp coverage directly from the state fund rather than a private insurer, so your claim is administered by the state itself.
Related Guides
- What if my claim gets denied?
- Do I need an attorney?
- What is MMI and why does it matter?
- Permanent vs. temporary disability