How Much Is a Traumatic Brain Injury (TBI) Workers Comp Claim Worth in West Virginia?
See how West Virginia law and this injury's typical severity combine to produce a settlement range.
Estimated Settlement Range
$26,700 – $80,000
Estimate only. Not legal advice. Actual settlement value depends on your specific case facts — consult a licensed workers comp attorney in West Virginia.
How This Estimate Is Calculated
This estimate starts with West Virginia's wage-replacement formula, then applies typical outcomes for Traumatic Brain Injury (TBI) claims.
West Virginia pays 67% of your average weekly wage, up to a maximum of $1135/week. For a Traumatic Brain Injury (TBI) claim, the typical temporary disability period is 20 weeks, with settlement multipliers ranging 2.0x–6.0x. See the full methodology for where this range comes from and what it doesn't include.
Here's the actual math: on a $1,000 average weekly wage, West Virginia's formula puts your weekly benefit at $667. Over the typical 20-week recovery window for Traumatic Brain Injury (TBI), that's $13,334 in wage-replacement before any settlement multiplier is applied. Multiplying that by this injury's typical 2.0x–6.0x range is what produces the $26,700–$80,000 estimate above. Your own number will differ based on your real wage — use the calculator on the homepage to plug in your actual figure.
What This Estimate Doesn't Account For
What's missing from this number: your permanent impairment rating (assigned after MMI), disputed liability, and future medical treatment — all of which can move a real settlement well outside this range.
Surgery is common for Traumatic Brain Injury (TBI), and a surgical case typically settles toward the higher end of this range — or above it — since surgery usually means a longer recovery and a higher permanent impairment rating.
About Traumatic Brain Injury (TBI) Claims
Traumatic brain injury claims carry some of the highest settlement values in workers comp, reflecting the wide range of severity — from a mild concussion to permanent cognitive impairment.
Common causes: Falls, being struck by objects, vehicle accidents
Surgery likelihood: high
For a deeper look at what specifically drives severity and impairment ratings for this injury — not just how it's calculated in West Virginia — see the full Traumatic Brain Injury (TBI) resource, including how this injury compares across all 50 states.
West Virginia Workers Comp Rules
- Waiting period: 3 days
- Filing deadline: 182 days
- Attorney contingency fee: 20%
- State agency: West Virginia Offices of the Insurance Commissioner
Frequently Asked Questions
How long do I have to file a workers comp claim in West Virginia?
In West Virginia, the filing deadline is 182 days from the date of injury. See the full filing deadline guide for tolling rules and what happens if you miss it.
Is it worth getting a lawyer for a West Virginia workers comp case?
Most workers comp attorneys work on contingency (typically 20% of the settlement), so there's usually no upfront cost to get a case reviewed.
What's the average settlement for a Traumatic Brain Injury (TBI) claim in West Virginia?
Estimated range for Traumatic Brain Injury (TBI) in West Virginia: $26,700–$80,000. See the calculation breakdown above for how this was derived.