Workers' comp weekly benefit in West Virginia: how much it pays

Temporary total disability (TTD) benefits can pay two-thirds of your gross (before-tax) wages.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

Weekly benefit in West Virginia

What it pays: Two-thirds of your gross (before-tax) wages
Minimum rule: The minimum weekly benefit is 33 1/3% of the average weekly wage in West Virginia, but the minimum can never be more than the benefit figured using the federal minimum hourly wage (part-time workers have their own rule).
Applies to: The date of injury (the rate is fixed at the date of injury and is not adjusted later)
How your wages are figured: Your average weekly wage is figured from your daily rate of pay at the time of the injury or from the weekly average of your best quarter of wages in the four quarters before the injury, whichever is better for you. Part-time workers have a special rule.
How long it can last: Temporary total disability for a single injury cannot be paid for more than 104 weeks.

Temporary total disability pays 66 2/3% of your average weekly wage earnings from all employment, up to 100% of the average weekly wage in West Virginia at the date of injury. The minimum is 33 1/3% of the state average weekly wage, limited by the federal minimum wage. Your rate is set at the date of injury and is not adjusted later.

Law: W. Va. Code §§ 23-4-6(b)-(c), 23-4-14

Source: code.wvlegislature.gov

Changes in 2024–2026

House Bill 5515 (2026 Regular Session, 'modernizing and updating workers' compensation statutes', effective June 12, 2026) amended many sections of Chapter 23, Articles 4 and 5 (including the claim-filing, waiting-period and benefit sections) and repealed several old sections. Since July 1, 2022, objections go to the Workers' Compensation Board of Review and appeals go to the Intermediate Court of Appeals.

Benefit estimate calculator

We do not offer a calculator for West Virginia: its rule has parts that a simple estimate cannot show. Read the rule above and ask the state agency.

Sources

The official sources for West Virginia are listed on the West Virginia page.

National rules that may also matter

Taxes, Social Security, leave and the ADA

Taxes on workers' compensation Workers' compensation benefits for a work injury or illness are fully exempt from federal income tax when they are paid under a workers' compensation law. Pay you get for doing light-duty work is taxable as wages. If your workers' compensation reduces your Social Security benefits, that part may be taxable as Social Security benefits. Federal employees: FECA compensation is not taxable, but continuation of pay (up to 45 days) and sick leave pay while a claim is decided are taxed as wages.

Law: IRS Publication 525 (2025), Workers' Compensation; 26 U.S.C. 104(a)(1)

Social Security disability and workers' compensation If you get Social Security disability benefits and workers' compensation at the same time, Social Security may reduce its benefit. The reduction applies when your Social Security benefits (including benefits paid to your family on your record) plus your workers' compensation are more than 80% of your 'average current earnings', or more than your family's Social Security benefit before the reduction, if that is higher. A lump-sum workers' compensation settlement can also be counted. The reduction stops when you reach full retirement age. It does not apply when the state law paying your workers' compensation reduces that benefit instead for people on Social Security, if that state rule was in place on February 18, 1981.

Law: 42 U.S.C. 424a(a), (b), (d); SSA POMS DI 52101.001, DI 52105.001

Job-protected leave (FMLA) The Family and Medical Leave Act gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a serious health condition, and keeps your group health coverage. It covers private employers with 50 or more employees in at least 20 workweeks of this year or last year, all public agencies, and public and private elementary and secondary schools. You are eligible if you worked there at least 12 months, worked at least 1,250 hours in the 12 months before the leave, and work at a site with at least 50 employees within 75 miles. Time off for a work injury can count as FMLA leave if your employer designates it. If your doctor clears you only for light duty, you may turn down a light-duty job and stay on unpaid FMLA leave until it runs out, but you may lose workers' compensation payments.

Law: 29 U.S.C. 2601 et seq.; 29 CFR 825.207(e); DOL Wage and Hour Division, Family and Medical Leave Act

Disability rights when you go back to work (ADA) Not every work injury is a 'disability' under the Americans with Disabilities Act. If yours is, an employer with 15 or more employees may have to make a reasonable accommodation, unless it would cause undue hardship, for example by moving minor (marginal) duties you cannot do to other workers or changing your schedule. The employer does not have to remove the essential functions of the job.

Law: 42 U.S.C. 12111(5)(A); EEOC Enforcement Guidance: Workers' Compensation and the ADA (Notice 915.002)

In these states, the state reduces some or all types of workers' compensation for people who also get Social Security disability, so Social Security does not reduce its benefit for those payments.

States that reduce workers' comp when you also get Social Security disability: Alaska, California, Colorado, Florida, Louisiana, Minnesota, Montana, New Jersey, New York, North Dakota, Ohio, Oregon, Washington, Wisconsin.