Provided that you meet the requirements for a workplace injury to be compensable under West Virginia workers’ compensation law (a personal injury that you receive in the course of and which is the result of your employment), and your employer is legally required to participate in workers’ compensation, then depending on the nature and severity of your injury or illness you may be eligible for any of several types of compensation. This post will introduce you to the general categories of benefits available.
Temporary Total Disability: This covers disability lasting longer than three days, up to two years. Benefits amount to either two-thirds of your average weekly wage, but cannot be more than the average weekly wage in West Virginia.
Permanent Partial Disability: If you have reached the point of maximum medical recovery but are still partly disabled, then this benefit may apply. Disability is measured as a percentage; you can qualify for four weeks of compensation for each percentage of disability. Benefits are two-thirds of your average weekly wage, but no more than 70 percent of the average West Virginia weekly wage.
Permanent Total Disability: This can be awarded in one of three situations: if you have been awarded 50 percent or more in permanent partial disability at the time of the permanent total disability application, or if you have incurred a single work-related injury or illness that results in a medical impairment of 50 percent or more, or if you have a 35 percent or more disability under the applicable West Virginia statutory provisions. The level of benefits is the same as that for temporary total disability, and terminate when you reach 70 years of age.
This post cannot cover all of the benefit variations available under workers’ compensation, including medical, rehabilitation and dependent benefits. If you are injured at work and qualify for workers’ compensation, an attorney experienced with West Virginia workers’ compensation law can assist you in determining which benefits you may qualify for and how to apply for them.