West Virginia Workers' Compensation Settlement Calculator
Estimate West Virginia workers' comp — Max/Min TTD-PTD Rate, Deliberate Intent Exception, PPD Percentage-of-SAWW Schedule
West Virginia workers' compensation claims are governed by W. Va. Code § 23-4-6(b), (d) (Max/Min TTD-PTD Rate): 66-2/3% of AWW, capped at 100% of the state average weekly wage — $1,150.91/wk (FY2027, effective July 1, 2026 – June 30, 2027); minimum = one-third (33 1/3%) of the state average weekly wage per the statute text (≈$383.64/wk at the FY2027 AWW). Of the 3 landmark West Virginia workers' compensation awards documented on this page, the largest is $1.5M (Upper Big Branch Mine disaster — federal restitution (Alpha Natural Resources non-prosecution agreement, successor to Massey Energy); 2011).
⛏️ WEST VIRGINIA: Deliberate Intent Exception | Privatized Carrier Market | No Punitive Damages
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
West Virginia Workers' Compensation Law
West Virginia workers' compensation benefits is governed by W. Va. Code § 23-4-6(b), (d) (Max/Min TTD-PTD Rate): 66-2/3% of AWW, capped at 100% of the state average weekly wage — $1,150.91/wk (FY2027, effective July 1, 2026 – June 30, 2027); minimum = one-third (33 1/3%) of the state average weekly wage per the statute text (≈$383.64/wk at the FY2027 AWW). Aggregate TTD is capped at 104 weeks from the date of injury; PTD is paid at the same formula until the claimant reaches Social Security full retirement age, with a hard cutoff at age 70.
Exclusive Remedy — Deliberate Intent Exception (§ 23-4-2(d)): workers' comp is the exclusive remedy against the employer unless the employer acted with 'deliberate intention' — proven either by subjective intent to injure, or by a five-element constructive-intent test (specific unsafe condition, actual employer knowledge, a statutory or industry-standard violation, intentional exposure, and a resulting serious injury). 'Serious injury' requires 13%+ whole-person permanent impairment or a physician-certified death likelihood within 18 months. Punitive damages are statutorily barred even in a successful deliberate-intent suit.
PPD — Percentage-of-SAWW Schedule (§ 23-4-6(f), (i)-(j)): 4 weeks of compensation per 1% of permanent partial disability, paid at 66-2/3% of AWW capped at 70% of the state AWW — $805.64/wk max (FY2027). Statutory schedule examples: thumb loss 20%, hand loss 50%, foot loss 35%, leg loss 45%, eye loss 33%, hearing loss 22.5%.
Key West Virginia Workers' Compensation Statutes
West Virginia workers' compensation benefits operates under these critical legal rules:
W. Va. Code § 23-4-6(b), (d)
Max/Min TTD-PTD RateStandard: 66-2/3% of AWW, capped at 100% of the state average weekly wage — $1,150.91/wk (FY2027, effective July 1, 2026 – June 30, 2027); minimum = one-third (33 1/3%) of the state average weekly wage per the statute text (≈$383.64/wk at the FY2027 AWW).
Scope: Aggregate TTD capped at 104 weeks from the date of injury (2003 amendment). PTD paid at the same 66-2/3%/100%-SAWW formula until the claimant reaches Social Security full retirement age, hard cutoff at age 70. PTD eligibility: 50%+ combined prior PPD awards, 50%+ whole-person medical impairment from one injury/disease, or 35%+ statutory amputation-schedule disability.
W. Va. Code § 23-4-6(f), (i)-(j)
PPD — Percentage-of-SAWW ScheduleStandard: 4 weeks of compensation per 1% of permanent partial disability, paid at 66-2/3% of AWW capped at 70% of the state AWW — $805.64/wk max (FY2027).
Scope: Statutory schedule examples: thumb loss 20%, hand loss 50%, foot loss 35%, leg loss 45%, eye loss 33%, hearing loss 22.5%. Hand loss ≈ 200 weeks, up to roughly $161,000 at the current weekly cap.
W. Va. Code § 23-4-2(d)
Exclusive Remedy — Deliberate Intent ExceptionStandard: Workers' comp is the exclusive remedy against the employer unless the employer acted with 'deliberate intention' — proven either by subjective intent to injure, or by a five-element constructive-intent test (specific unsafe condition, actual employer knowledge, a violation of a statute/regulation/industry standard, intentional exposure of the employee, and a resulting serious injury).
Scope: 'Serious injury' requires 13%+ whole-person permanent impairment, physician-certified death likely within 18 months, or defined pneumoconiosis criteria. Punitive/exemplary damages are statutorily barred even in a successful deliberate-intent suit — § 23-4-2(d)(2)(C)(ii).
W. Va. Code § 23-4-15
Application Filing DeadlineStandard: 6 months from the date of injury or death for standard claims — jurisdictional, forever bars the claim if missed.
Scope: Occupational pneumoconiosis: 3 years from the last 60+-day exposure period or from diagnosis; dependents have 2 years after death. Other occupational diseases: 3 years from last exposure or disease-awareness date, whichever is later; dependents get 1 year after death.
W. Va. Code § 23-4-1a
Immediate Notice to EmployerStandard: Employee must report the injury to the employer 'immediately on the occurrence... or as soon thereafter as practicable' — a separate, earlier obligation than the 6-month filing deadline.
Scope: Notice must state employer/employee name and address, time/place/nature/cause of injury, and whether TTD resulted; delivered in person or by certified mail to the employer's last known address.
W. Va. Code § 23-2C-1
Privatized Carrier MarketStandard: West Virginia ended its state-fund monopoly on July 1, 2008 — over 350 private carriers now write WV workers' comp coverage, successor to the state fund (BrickStreet) that began operating January 1, 2006.
Scope: Aggregate WV loss costs fell more than 82% after privatization per the WV Offices of the Insurance Commissioner. Employers/claimants verify the carrier of record via the state Coverage Verification System; claims are filed with the private carrier, self-insured employer, or Insurance Commissioner depending on coverage type.
Recovery Structure
Medical treatment (typically unlimited), lost wages at 66-2/3% of average weekly wage (AWW) subject to the state max, permanent partial/total disability awards via the statutory percentage-of-SAWW schedule, death/dependent benefits, vocational rehabilitation. No pain and suffering under WC — that trade-off is what makes the exclusive remedy doctrine, and its narrow deliberate-intent exception, so consequential in West Virginia.
Key West Virginia Doctrines
Exclusive Remedy — Deliberate Intent Exception: WC bars employer lawsuits unless the employer acted with subjective or five-element constructive deliberate intention; punitive damages remain barred even then. Privatized Carrier Market: West Virginia ended its state-fund monopoly on July 1, 2008 — over 350 private carriers now write WV workers' comp coverage, successor to the state fund (BrickStreet) that began operating January 1, 2006.
Damage Structure + Caps
Medical benefits (usually full), lost-wage replacement (66-2/3% of AWW, capped at 100% of state AWW for TTD/PTD and 70% of state AWW for PPD), permanent disability award via the statutory schedule, death/dependent benefits. Deliberate-intent suits recover compensatory damages only — no punitive or exemplary damages.
West Virginia Workers' Compensation Verdicts + Averages
Documented West Virginia workers' compensation and deliberate-intent outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $850K | 1985 | Mooney v. Eastern Associated Coal Corp. — deliberate-intent jury verdict (the trial court's final awarded damages after the statutory workers'-comp offset were $35,062) — Wrongful death of a coal miner; deliberate-intent claim brought on behalf of his widow and daughter |
| $1.5M | 2011 | Upper Big Branch Mine disaster — federal restitution (Alpha Natural Resources non-prosecution agreement, successor to Massey Energy) — Mine explosion; restitution paid per fatality/survivor (29 miners killed, 2 survivors) |
| $161K | 2026 | Statutory schedule example — hand loss rated 50% PPD (200 weeks x $805.64/wk FY2027 PPD cap = $161,128) — Illustrative maximum for a hand loss (W. Va. Code 23-4-6) — transparent calculation, not a reported case |
West Virginia Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in West Virginia for 2026?
For the fiscal year running July 1, 2026 – June 30, 2027, West Virginia's maximum weekly TTD/PTD benefit is $1,150.91 — 100% of the state average weekly wage (W. Va. Code § 23-4-6). The statutory minimum is one-third of the state average weekly wage (≈$383.64/wk at the FY2027 figure). Your actual benefit is 66-2/3% of your own average weekly wage, up to that cap. PPD benefits are capped lower, at 70% of the state AWW ($805.64/wk).
How long do I have to report my West Virginia work injury?
You must notify your employer immediately or 'as soon thereafter as practicable' (§ 23-4-1a). Separately, the formal application for benefits must be filed within 6 months of the injury or death — this deadline is jurisdictional, meaning missing it permanently bars the claim (§ 23-4-15). Occupational disease and pneumoconiosis claims get 3 years from last exposure or diagnosis instead.
Can I sue my employer in West Virginia in addition to workers' comp?
Generally NO — workers' comp is West Virginia's exclusive remedy against your employer. The one exception is 'deliberate intention' (§ 23-4-2(d)): either the employer subjectively intended to cause your injury, or five specific elements are proven (a known, statute-or-standard-violating unsafe condition that the employer intentionally exposed you to, causing a serious injury). Even a successful deliberate-intent claim cannot recover punitive damages. Third-party claims against non-employer defendants (equipment makers, subcontractors) remain available alongside WC.
How is permanent partial disability (PPD) calculated in West Virginia?
West Virginia pays PPD as 4 weeks of compensation per 1 percentage point of impairment, at 66-2/3% of your AWW, capped at 70% of the state AWW ($805.64/wk for FY2027). The statute schedules specific percentages for common losses — for example, hand loss is rated at 50% (≈200 weeks, up to roughly $161,000 at the current cap), foot loss at 35%, and thumb loss at 20%.
Should I accept the first settlement offer in a West Virginia deliberate-intent case?
Almost never without review. Deliberate-intent claims are litigated outside the workers' comp system and carry higher stakes — and higher proof burdens — than a standard WC claim, since you must clear the five-element test (or prove subjective intent) before any compensatory recovery. Get an independent medical evaluation and consult a West Virginia deliberate-intent/workers'-comp attorney before accepting; most work on contingency.
Pending West Virginia Workers' Compensation Issues
Active legal developments (as of April 2026):
- Minimum-rate caveat: W. Va. Code 23-4-6(b) sets the TTD minimum at one-third of the state average weekly wage (≈$383.64/wk at the FY2027 AWW); a secondary source cited a $193.33/wk federal-minimum-wage-based floor instead, and the official FY2027 rate spreadsheet was not accessible to resolve the conflict — the statutory formula is presented here as authoritative.
- FY2027 benefit rates ($1,150.91/wk max TTD/PTD, ≈$383.64/wk min (33 1/3% of state AWW), $805.64/wk PPD max) are effective July 1, 2026 – June 30, 2027 and reset annually every July 1 against the state average weekly wage — figures will change again July 1, 2027.
- A secondary news headline referenced 'Intentional Tort Legislation Damages Cap Passed in West Virginia Legislative Session 2023'; the underlying bill text/citation has not been independently confirmed as of August 2026 and was not added as its own key statute. The only confirmed damages limitation is the existing statutory bar on punitive damages in § 23-4-2(d)(2)(C)(ii).
- No independently sourced West Virginia deliberate-intent verdict or settlement figure from 2015-2026 could be located with available public sources; landmark_verdicts uses two fully verified but older figures (1985 jury verdict; 2011 federal restitution) instead of a more recent example.
- Exact subsection lettering cited for the PPD statutory schedule (§ 23-4-6(f), (i)-(j)) was derived from a summarized reading of the code section rather than a manual line-by-line citation check against the primary text.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- code.wvlegislature.gov/23-4-6
- code.wvlegislature.gov/23-4-2
- code.wvlegislature.gov/23-4-15
- code.wvlegislature.gov/23-4-1a
- code.wvlegislature.gov/23-2C-1
- www.wvinsurance.gov/Workers-Compensation/Average-Weekly-Wage
- www.courtlistener.com/opinion/1250871/mooney-v-eastern-associated-coal-corp
- en.wikipedia.org/wiki/Upper_Big_Branch_Mine_disaster
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview