West Virginia workers comp settlement chart
West Virginia's Schedule of Losses sets the maximum weeks of permanent partial disability for each body part. Weekly benefit is 66.67% of average weekly wage, capped at $1,100/week. Lawyer fees are capped at 20% by WV Code §23-5-5.
Schedule of Losses
| Body part | PPD weeks | Max dollars | Statute |
|---|---|---|---|
| Back | - | WV Code §23-4-6(f) | |
| Neck | - | WV Code §23-4-6(f) | |
| Shoulder | - | WV Code §23-4-6(f) | |
| Knee | - | WV Code §23-4-6(f) | |
| Hand | - | WV Code §23-4-6(f) | |
| Arm | - | WV Code §23-4-6(f) | |
| Leg | - | WV Code §23-4-6(f) | |
| Foot | - | WV Code §23-4-6(f) | |
| Eye | - | WV Code §23-4-6(f) | |
| Hearing loss (one ear) | - | WV Code §23-4-6(f) | |
| Hearing loss (both ears) | - | WV Code §23-4-6(f) | |
| Thumb | - | WV Code §23-4-6(f) | |
| index_finger | - | WV Code §23-4-6(f) | |
| middle_finger | - | WV Code §23-4-6(f) | |
| ring_finger | - | WV Code §23-4-6(f) | |
| little_finger | - | WV Code §23-4-6(f) |
West Virginia primarily uses the American Medical Association's Guides to the Evaluation of Permanent Impairment (current edition) to determine permanent partial disability, rather than a fixed schedule of weeks for specific body parts. Therefore, no fixed weeks are listed for the specified body parts.
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Estimated PPD settlement (scheduled-loss)
Discretionary
This state uses physician impairment rating (AMA Guides) instead of a fixed body-part schedule. Consult a workers comp lawyer in your state for a detailed estimate.
Estimate only. Actual settlements reflect impairment rating, future medical, attorney fees, and Compromise & Release negotiations. Not legal advice.
FAQs
What is the maximum back injury workers comp settlement in West Virginia?
West Virginia's Schedule of Losses uses physician impairment rating (AMA Guides) rather than a fixed back-injury schedule.
What's the lawyer's fee cap on workers comp cases in West Virginia?
20% of recovery, set by WV Code §23-5-5.
Are settlement amounts in West Virginia taxable?
No. Workers compensation benefits are not subject to federal or state income tax under IRC §104(a)(1).