Federal & State Regulations | Workers’ compensation - West Virginia

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Exclusive state fund or self-insurance by individual employer.

Exemptions from WC: Casual employers who employ fewer than 3 employees. Agricultural services who employ fewer than 5 employees.

Medical benefits provided: Full.

Physician selection: Employee chooses from employer’s approved managed health care plan selection. If no managed health care plan is provided by the employer, the employee may choose any physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for up to 104 weeks.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage until age 70, for awards made on or after 7/1/03.

Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage, subject to Federal minimum weekly wage.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of TTD benefits.

Disfigurement benefits: None.

Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for period of widow/widowerhood or date claimant would have reached age 70; children until 18. Children receive benefits beyond 18 is disabled or until age 25 if full time students.

Maximum burial allowance: Funeral expenses will be reimbursed in an amount that will be changed from time to time by the West Virginia Division of Workers’ Compensation.

Waiting period: 3 days. Compensation is retroactive if disability continues for more than 7 days from date of injury.

Rehabilitation: Both physical rehabilitation (PR) and vocational rehabilitation (VR) are covered. State fund or self-insurer pays cost of VR (maximum of $10,000/employee). During VR employees receive TTD benefits.

Attorney fees: Limited to 20 percent of claimant’s or dependent’s award, statute, determined by agency.

Occupational hearing loss statutes: Employee has 3 years from date of discovery to file for compensation. Ratings for compensation purposes are determined as a percentage of permanent total disability.

What’s new – www.wvinsurance.gov/PressReleasesNews/tabid/205/Default.aspx

Forms – www.wvinsurance.gov/Forms/GeneralForms/tabid/351/Default.aspx