West Virginia Workers' Comp Benefits (2026)
How West Virginia pays injured workers: the weekly rate while you recover, the 2026 maximum, and what each type of permanent injury is worth, with the statute behind each number.
What is different in West Virginia
Every percent of disability is worth 4 weeks of benefits, rising to 6 weeks per percent if the doctor releases you to your old job and the employer doesn't offer it or comparable work. Unlisted injuries are rated only by whole-body medical impairment.
Weekly benefits while you cannot work
| Weekly rate | 66.67% of AWW |
|---|---|
| Maximum weekly benefit | $1,150.91 (2026-07-01 to 2027-06-30 (FY 2027)) |
| Minimum weekly benefit | 33.33% of SAWW (dollar amount for FY 2027 not confirmed) |
| Waiting period | Not confirmed |
| Waiting days paid back after | Not confirmed |
| Time limit on temporary benefits | 104 weeks |
Estimate your weekly check
Assumes temporary total disability and no post-injury work earnings. It does not calculate partial disability, retroactive payments, offsets or special low-wage rules. Confirm the injury date and the insurer's wage calculation.
What each injury is worth
| Injury | How it is paid | Max award |
|---|---|---|
| Back | whole-person % × 400 weeks | $32,226 (10% rating) |
| Neck | whole-person % × 400 weeks | $32,226 (10% rating) |
| Shoulder | depends on how it is rated | — |
| Knee | impairment rating (see rule) | — |
| Arm | 240 weeks | $193,354 |
| Hand | 200 weeks | $161,128 |
| Thumb | 80 weeks | $64,451 |
| Index Finger | 40 weeks | $32,226 |
| Leg | 180 weeks | $145,015 |
| Foot | 140 weeks | $112,790 |
| Big Toe | 40 weeks | $32,226 |
| Eye | 132 weeks | $106,344 |
| Hearing Loss | 220 weeks | $177,241 |
Permanent injuries in general
Whole-body medical impairment %; 4 weeks per 1% (6 weeks per 1% if released to the old job but the employer does not offer it or comparable work) at 66.67% of AWW.
Shoulder: confirm the applicable category first
West Virginia has no shoulder entry; the schedule lists loss of an arm as a 60% disability (240 weeks). The statute does not say whether shoulder impairment is rated to the arm or by whole-body impairment (4 weeks per percent).
Shoulder injuries: identify the rating basis
For a rotator-cuff tear, fracture or other shoulder condition, request the final report on range of motion, strength and work restrictions. Check whether the state treats this claim as an arm loss, a whole-person impairment or another category. A shoulder percentage and an arm percentage are not automatically interchangeable.
The information available here does not by itself establish whether the claim uses an arm rating, a whole-person rating or lost-earnings benefits. Ask the agency or rating issuer to identify the category and the rule or guide used before valuing an offer. Do not enter a shoulder percentage into another rating unit without that confirmation.
Law and official sources
Includes secondary sources
Statute: W. Va. Code §§ 23-4-6, 23-4-14; W. Va. Code § 23-4-6(e)-(f)
- West Virginia Offices of the Insurance Commissioner (official site)
- codes.findlaw.com/wv/chapter-23-workers-compensation/wv-code-sect-23-4-6/
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the West Virginia workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.