West Virginia
West Virginia Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
West Virginia requires nearly all employers to carry workers' compensation insurance, giving injured workers the right to no-fault medical care and partial wage replacement without having to prove their employer was at fault. In exchange, workers' comp is generally the exclusive remedy: you give up the right to sue your employer in civil court.
Is workers' comp required in West Virginia?
Workers' compensation is mandatory in West Virginia for most employers that have at least one employee, subject to the statutory exemptions described below. Since 2008, West Virginia has operated as a private-insurance market: employers must purchase coverage from a licensed private insurance carrier or qualify for state-approved self-insurance. Before 2008, coverage was provided exclusively through the state-run BrickStreet Mutual (formerly the West Virginia Workers' Compensation Fund). That monopolistic state fund was privatized, so today there is no state monopoly, but coverage is still legally required. The West Virginia Offices of the Insurance Commissioner oversees compliance and administers the system. Employers who fail to carry required coverage can be subject to civil penalties and may lose the protection of the exclusive-remedy rule, exposing them to personal-injury lawsuits.
W. Va. Code Sec. 23-2-1(b) carves out real exceptions. The following employers are not required to procure workers' compensation insurance, although they may elect to do so:
- Employers of employees in domestic service.
- Employers of five or fewer full-time employees in agricultural service.
- Casual employers, meaning those with no more than three employees whose work is temporary, intermittent, or sporadic and does not exceed 10 calendar days in any calendar quarter.
- Churches.
- Employers engaged in organized professional sports activity, including trainers and jockeys in thoroughbred horse racing.
- Employers of employees working outside West Virginia, other than temporary out-of-state assignments.
- Volunteer rescue squads, volunteer police auxiliary units, and similar volunteer organizations created by a government entity, as to their volunteers.
- Employers whose employees are covered by the federal Longshore and Harbor Workers' Compensation Act.
That list is a summary, and Sec. 23-2-1(b) contains the full text. If your employer falls into one of these categories and did not elect coverage, workers' compensation may not be available for your injury, and a personal-injury claim against the employer may be your only route. Ask your employer or the Offices of the Insurance Commissioner whether coverage was in force on the date you were hurt.
Benefits you can receive
Workers' compensation in West Virginia covers the full cost of necessary medical treatment, including doctor visits, hospitalization, surgery, prescription medications, and rehabilitation. There are no employee copays for authorized medical care.
For lost wages, the core benefit is temporary total disability (TTD). TTD pays 66 2/3% of your average weekly wage (AWW), with a maximum equal to 100% of the state's average weekly wage and a minimum of 33 1/3% of the state AWW. Both the maximum and minimum dollar amounts are adjusted by the state each year and should be confirmed with the Insurance Commissioner's office at the time of injury.
West Virginia also has a 3-day waiting period: if your disability-related absence lasts fewer than 3 consecutive days, no wage benefits are paid for those days. Once your disability extends to 7 or more consecutive days, the first 3 days are paid retroactively, so you receive benefits from day one of your absence.
Beyond TTD, the system provides temporary partial disability (TPD) benefits if you can return to light-duty work at a reduced wage, permanent partial disability (PPD) awards based on a percentage of bodily impairment (often resolved by settlement), permanent total disability (PTD) for catastrophic injuries, and death and survivor benefits for fatal workplace injuries. Our West Virginia workers' comp settlement calculator can turn your own impairment and wage numbers into a rough range for that kind of settlement.
Deadlines: reporting your injury and filing a claim
West Virginia has two separate deadlines, and missing either one can bar your claim entirely.
The first clock is for reporting: you should notify your employer of your injury as soon as possible. Once the employer receives notice, it is required to file a Report of Injury with the workers' comp insurer within 5 days.
The second clock is critically short. You have only 6 months from the date of injury or death to file a formal workers' compensation claim. This is one of the most restrictive claim-filing windows in the United States. Most states allow 1 to 3 years; West Virginia gives you just 6 months. There is a narrow exception for occupational pneumoconiosis (black lung disease), but its trigger is not simply your last day on the job. Under W. Va. Code Sec. 23-4-15(b), the claim must be filed within 3 years of the last day of the last continuous period of 60 days or more during which the employee was exposed to the hazards of occupational pneumoconiosis, or within 3 years of the date a diagnosed impairment due to occupational pneumoconiosis was made known to the employee by a physician. The 60-day continuous-exposure qualifier can move that start date materially, and this limitation is jurisdictional in the same way the 6-month deadline is.
Do not wait to see how serious your injury is before filing. If you miss the 6-month deadline, you will ordinarily be permanently barred from receiving benefits, regardless of how severe your injuries are. If you are unsure whether the 6-month deadline has run or an exception applies, ask a West Virginia workers' comp lawyer for a free case evaluation of your filing date right away (attorney advertising).
Choosing your doctor
West Virginia gives injured workers the initial right to choose their own treating physician. You are not required to use an employer-designated provider at the outset of your claim. However, the insurer may require you to submit to an independent medical examination (IME) if there is a dispute about the extent of your injuries, your need for treatment, or your ability to return to work.
Staying within the authorized treatment framework matters: unauthorized treatment may not be covered by the insurer, and disputes about medical care are decided by the Workers' Compensation Board of Review. The Board took over all objections and protests on July 1, 2022 under W. Va. Code Sec. 23-5-8a, which terminated the former Workers' Compensation Office of Administrative Law Judges (the Office of Judges), so there is now a single administrative level of review rather than two. Keeping your authorized treating physician informed and documenting all treatment is essential to a well-supported claim.
Can you sue your employer? The exclusive-remedy rule
Workers' compensation is a no-fault system, and in West Virginia it is almost always the exclusive remedy against your employer. This means that if your employer carried the required insurance, you typically cannot sue them in civil court for negligence, even if their negligence caused your injury. You give up the right to sue in exchange for guaranteed benefits, regardless of who was at fault.
There are standard exceptions to this rule. First, if your employer committed an intentional act specifically designed to injure you, a civil suit may be possible. Second, you retain the right to sue any negligent third party (not your employer) who contributed to your injury, such as a defective-equipment manufacturer or a negligent driver who caused a vehicle accident during your work duties. Third, an employer that failed to carry required workers' comp coverage cannot invoke the exclusive-remedy defense and may be sued in civil court.
Because West Virginia moved to a private-insurance market in 2008, the old state fund's direct role is gone, but the exclusive-remedy bargain itself remains firmly in place under W. Va. Code Chapter 23.
If you were hurt at work in West Virginia
If you suffer a workplace injury in West Virginia, take the following steps to protect your rights.
Report the injury to your employer in writing as soon as possible, and keep a copy of your notice. Because the claim-filing deadline is only 6 months, do not delay in taking action. Seek medical care right away and tell your treating physician that your injury is work-related so that it is documented correctly from the start.
File your formal claim with the workers' comp insurer promptly. Do not assume your employer or their insurer will do this for you. Keep copies of all medical records, bills, lost-wage documentation, and all correspondence with the insurer.
If the insurer denies your claim or disputes your benefits, you have the right to protest that decision to the West Virginia Workers' Compensation Board of Review, which since July 1, 2022 hears all objections and protests. Do not look for the Office of Judges: it was terminated under W. Va. Code Sec. 23-5-8a and its duties moved to the Board of Review. A final Board of Review order entered after June 30, 2022 is appealed to the Intermediate Court of Appeals of West Virginia under W. Va. Code Sec. 51-11-4. Given the short 6-month claim window and the complexity of disputes over permanent impairment ratings or medical necessity, consulting a licensed West Virginia workers' compensation attorney early in the process can protect your interests.
This article is general legal information, not legal advice. Workers' compensation rules vary by state and change, and benefit amounts and deadlines depend on the specific facts. For advice about a specific claim, consult a licensed workers' compensation attorney in West Virginia.
Related: Workers' Compensation Laws by State | West Virginia Statute of Limitations
More West Virginia Laws
- West Virginia At-Will Employment Laws
- West Virginia Car Accident Laws
- West Virginia Final Paycheck Laws
- West Virginia Slip and Fall Laws
- West Virginia Statute of Limitations
Frequently Asked Questions
Is workers' comp required in West Virginia?
Usually, but not always. Most West Virginia employers with at least one employee must carry workers' compensation insurance, and since 2008 that coverage must be purchased from a private licensed insurer or provided through approved self-insurance. There is no longer a state monopoly fund. W. Va. Code Sec. 23-2-1(b) exempts several categories of employer, including employers of domestic-service employees, agricultural employers with five or fewer full-time employees, casual employers, churches, organized professional sports, and employment outside the state. Those employers may elect coverage voluntarily but are not required to buy it.
How long do I have to file a workers' comp claim in West Virginia?
You have only 6 months from the date of injury or death to file a formal claim. This is one of the shortest filing windows in the country. Missing this deadline will ordinarily bar your claim permanently. An exception applies for occupational pneumoconiosis: W. Va. Code Sec. 23-4-15(b) allows 3 years from the last day of the last continuous period of 60 days or more of exposure to the hazards of occupational pneumoconiosis, or 3 years from the date a physician made a diagnosed impairment known to the employee.
How much does workers' comp pay in West Virginia?
Temporary total disability benefits equal 66 2/3% of your average weekly wage. The state sets a maximum (100% of the statewide AWW) and a minimum (33 1/3% of the statewide AWW) each year. You should check with the West Virginia Offices of the Insurance Commissioner for the current dollar figures.
How long does workers' comp last in West Virginia?
Temporary total disability benefits continue while you are unable to work due to your work injury, subject to maximum benefit duration rules and medical determinations of your recovery. Once you reach maximum medical improvement, benefits shift to any permanent partial or permanent total disability award. Most claims are ultimately resolved by a lump-sum settlement.
Can I choose my own doctor in West Virginia?
Yes. West Virginia gives injured workers the initial right to choose their own treating physician. The insurer may require an independent medical examination to evaluate your condition, but you are not forced to use an employer-selected provider at the start of your claim.
Can I be fired while on workers' comp in West Virginia?
West Virginia law prohibits employers from retaliating against employees for filing a workers' compensation claim or for exercising rights under the workers' comp system. If you believe you were terminated or disciplined because you filed a claim, you may have a separate retaliation claim. Consult an attorney about the specific facts.
Can I sue my employer for a work injury in West Virginia?
In most cases, no. Workers' compensation is the exclusive remedy against your employer when required coverage is in place. However, you can still bring a civil lawsuit against any negligent third party who contributed to your injury, and an employer that failed to carry required coverage loses the exclusive-remedy protection.
Updates
Corrected the appeals route to reflect that the Office of Judges was terminated in 2022 and the Board of Review now hears all objections, added the statutory categories of employers exempt from mandatory coverage, and restated the occupational pneumoconiosis filing deadline in the statute's own terms.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 23-4-1To whom compensation fund disbursed; occupational pneumoconiosis and other occupational diseases included in "injury" and "personal injury"; definition of occupational pneumoconiosis and other occupational diseases; rebuttable presumption for cardiovascular injury and disease or pulmonary disease for firefighters.In forcecited in 2 of our articles
(a) Subject to the provisions and limitations elsewhere in this chapter, workers' compensation benefits shall be paid to the employees of employers subject to this chapter who have received personal injuries in the course of and resulting from their covered employment or to the dependents, if any, of the employees in case death has ensued, according to the provisions hereinafter made: Provided, That in the case of any employees of the state and its political subdivisions, including: Counties; municipalities; cities; towns; any separate corporation or instrumentality established by one or more counties, cities or towns as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; any agency or organization established by the Department of Mental Health, or its successor agencies, for the provision of community health or intellectual and developmental disability services and which is supported, in whole or in part, by state, county, or municipal funds; board, agency,…
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Husk v. EI Du Pont De Nemours & Co. (District Court, S.D. West Virginia 1994, 842 F. Supp. 895)“…em embodied in the West Virginia Workers' Compensation Act (W.Va. Code § 23-4-1, et seq. ), and instead must be brough…”
- United Financial Casualty Co. v. Greg Ball (Court of Appeals for the Fourth Circuit 2019, 941 F.3d 710)“…ng from their covered employment” without regard to fault. W. Va. Code § 23-4-1(a). And the benefits provided by the A…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Court Affirms Workers' Comp for Occupational Cancer
§ 23-2-1Employers subject to chapter; elections not to provide certain coverages; notices; filing of business registration certificates.In force
(a) The State of West Virginia and all governmental agencies or departments created by it, including county boards of education, political subdivisions of the state, any volunteer fire department or company, and other emergency service organizations as defined by §15-5-1 et seq. of this code, and all persons, firms, associations, and corporations regularly employing another person or persons for the purpose of carrying on any form of industry, service, or business in this state, are employers within the meaning of this chapter and are subject to all requirements of this chapter and all rules prescribed by the Industrial Council pursuant to §23-2C-5 of this code. (b) The following employers are not required to procure workers’ compensation insurance, but may elect to do so: (1) Employers of employees in domestic services; (2) Employers of five or fewer full-time employees in agricultural service; (3) Employers of employees while the employees are employed without the state except in cases of temporary employment without the state; (4) Casual employers.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Richardson v. Belcher (Supreme Court of the United States 1971, 404 U.S. 78)“…son, Law of Workmen's Compensation § 92.10, p. 444 (1971); W. Va. Code Ann. § 23-2-1 et seq. I see no basis for singling…”
- Ball v. Joy Manufacturing Co. (District Court, S.D. West Virginia 1990, 755 F. Supp. 1344)“…e West Virginia Workers’ Compensation Act. See W.Va.Code §§ 23-2-1 (1976) and 23-2-la (1975); Fausn…”
- Insurance Co. of North America v. National Steel Service Center, Inc. (District Court, N.D. West Virginia 1975, 391 F. Supp. 512)“…t with the West Virginia Workmen’s Compensation Commission. W.Va.Code Ann. § 23-2-1 (1973 repl. vol.). Further, Korhumel pa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23-4-15Application for benefits.In force
(a) To entitle any employee or dependent of a deceased employee to compensation under this chapter, other than for occupational pneumoconiosis or other occupational disease, the application for compensation shall be made on the form or forms prescribed by the Insurance Commissioner, and filed with the Insurance Commissioner, private carrier, or self-insured employer, whichever is applicable, within six months from and after the injury or death, as the case may be, and unless filed within the six months period, the right to compensation under this chapter is forever barred, such time limitation being hereby declared to be a condition of the right and hence jurisdictional, and all proofs of dependency in fatal cases must also be filed within six months from and after the death. In case the employee is mentally or physically incapable of filing the application, it may be filed by his or her attorney or by a member of his or her family.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 23-5-8ATransfer of powers and duties of the Office of Administrative Law Judges to the Workers’ Compensation Board of Review; powers of the Workers’ Compensation Board of Review in relation to review of objections; effective July 1, 2022.In force
(a) The Workers’ Compensation Office of Administrative Law Judges, referred to as the Office of Judges, shall terminate on or before October 1, 2022, as provided in §23-5-8b of this code. All powers and duties of the Office of Judges to review objections, protests, or any other matter authorized by this chapter, shall be transferred to the Workers’ Compensation Board of Review on July 1, 2022: Provided, That any objection or other matter filed pursuant to this chapter and pending before the Office of Judges upon its termination, in which a final decision has not been issued, shall also be transferred to the Workers’ Compensation Board of Review as provided in §23-5-8b of this code. (b) Pursuant to §23-5-11a(n) of this code, the Workers’ Compensation Board of Review shall employ hearing examiners and other personnel that are necessary for the proper conduct of a system of administrative review of objections to decisions of the Insurance Commissioner, private carriers, and self-insured employers, whichever is applicable, made pursuant to the provisions of §23-5-1a of this code and issued after June 30, 2022.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 51-11-4Jurisdiction; limitations.In force
(a) The Intermediate Court of Appeals has no original jurisdiction. (b) Unless specifically provided otherwise in this article, appeals of the following matters shall be made to the Intermediate Court of Appeals, which has appellate jurisdiction over such matters: (1) Final judgments or orders of a circuit court in all civil cases, including, but not limited to, those in which there is a request for legal or equitable relief, entered after June 30, 2022: Provided, That the Supreme Court of Appeals may, on its own accord, obtain jurisdiction over any civil case filed in the Intermediate Court of Appeals; (2) Final judgments or orders of a family court, entered after June 30, 2022, except for final judgments or final orders issued by a family court in any domestic violence proceeding pursuant to §48-27-101 et seq. of this code, which appeals shall first be made to a circuit court; (3) Final judgments or orders of a circuit court concerning guardianship or conservatorship matters entered after June 30, 2022, pursuant to §44A-1-1 et seq.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Forloine v. Persily (District Court, S.D. West Virginia 2023)“…or decisions of an agency or an administrative law judge.” W. Va. Code § 51-11-4(b)(4). As the Intermediate Court is a n…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- West Virginia Offices of the Insurance Commissioner, Workers' Compensation(wvinsurance.gov).gov
- W. Va. Code Chapter 23 (Workers' Compensation Act)(code.wvlegislature.gov).gov
- W. Va. Code Sec. 23-5-8a (termination of the Office of Judges; transfer of objections to the Board of Review)(code.wvlegislature.gov)
- W. Va. Code Sec. 23-2-1 (employers required to subscribe; elective-coverage exemptions)(code.wvlegislature.gov)
- W. Va. Code Sec. 23-4-15 (time limits for filing claims, including occupational pneumoconiosis)(code.wvlegislature.gov)
- W. Va. Code Sec. 23-4-1 (disability and death benefits; to whom compensation is payable)(code.wvlegislature.gov)
- W. Va. Code Sec. 51-11-4 (Intermediate Court of Appeals jurisdiction over Board of Review decisions entered after June 30, 2022)(code.wvlegislature.gov)
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.