Top 10 List of Work Comp Audit Errors

Home Page

Who We Are

Who We Help

Are You Overcharged for Workers Compensation?

How We Fix Work Comp Errors

How Are We Paid

How To Get Started

What We Need From You

Refer A Client

About Our Owner

FAQ

Contact Information

Prepare for a Work Comp Audit

How to Dispute a Work Comp Audit

Forms

Work Comp Glossary

Workers Compensation Resources


West Virginia Workers Compensation Benefits

Workers compensation employee benefit information for the State of West Virginia

West Virginia Workers Compensation Medical Benefits -

  • Medical benefits for injured West Virginia workers are paid without regard to length of disability or amount of cost.

Who Chooses the Physician for Injured Workers in West Virginia -

  • The injured West Virginia worker may choose their own doctor.

West Virginia Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • There is a three-day waiting period before benefits can be paid. If they are out of work for more than 7 days, they will receive compensation even for the first 3 days.
    • An injured worker's wage paid is 66 2/3%.
    • The weekly payment minimum is $175.33, 33 1/3% of the West Virginia state average weekly wage and may not exceed the Federal minimum hourly wage.
    • The weekly maximum is $526, 100% of the West Virginia state average weekly wage.
    • Maximum period of payments is 104 weeks.
    • Note:
      • West Virginia Workers Comp Division established guides for disability periods who are on TTD. Check with the state website below for details about these guides.
      • Current West Virginia state average weekly wage is: $586

  • Permanent Total Disability (PTD) Benefits:
    • An injured worker's wage paid is 66 2/3%.
    • The weekly payment minimum is $175.33, 33 1/3% of the West Virginia state average weekly wage and may not exceed the Federal minimum hourly wage.
    • The weekly maximum is $526, 100% of the West Virginia state average weekly wage.
    • Maximum period of payments is to age 65 or for the length of the disability whichever is shorter.
    • PTD claims are payable until the injured worker reaches the age to begin receiving social security retirement.
    • The injured worker may reduce payments and provide an annuity at death for surviving dependents.

  • Permanent Partial Disability (PPD) Benefits:
    • An injured worker's wage paid is 66 2/3%.
    • The weekly payment minimum is $175.33, 33 1/3% of the West Virginia state average weekly wage and may not exceed the Federal minimum hourly wage.
    • The weekly maximum is $350.67, 70% of the West Virginia state average weekly wage.
    • Note:
      • Non-scheduled injuries have a maximum period of payments of 336 weeks.
      • Non-scheduled injuries maximum amount is not limited.
      • PPD ratings are calculated as a percentage of the total disability.
      • When the disability is rated at 85% to 100% then the benefits are payable for life.


  • West Virginia Workers Death/Dependency Benefits -

    • West Virginia rules allow death benefits to be paid to the surviving dependents of a deceased worker if the fatality occurred as a result of an injury arising out of and in the course of employment. Benefits are based upon a percentage of the employee's wages, subject to a cap. There is a minimum benefit regardless of the employee's earnings.
    • A burial allowance is also provided.


    West Virginia workers Compensation Attorney Fees -

    • Attorney fees are allowed and limited to 20% of any award by statute.

    More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

    http://www.wvinsurance.gov/rules/wc-rules-index.htm



    Important Notice Please Read: All information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.


    Contact Us:
    WORKERS COMPENSATION CONSULTANT
    Voice: (931) 292-2633
    Fax: (573) 447-4998
    email: [email protected]


    Disclaimer - Privacy

    Copyright © 2009 Workers Comp Consultants, Inc. All rights reserved.