How much is a back injury worth in West Virginia workers' comp?
West Virginia does not use a fixed number of weeks for a back injury. Your doctor gives a whole-person impairment rating and the award follows the state formula (whole-person % × 400 weeks).
How a back injury is paid in West Virginia
Not on the statutory schedule; rated by whole-body medical impairment, 4 weeks per percent.
Each week is paid at 66.67% of your average weekly wage, up to $805.64 a week.
What is different in West Virginia
Every percent of disability is worth 4 weeks of benefits, rising to 6 weeks per percent if the doctor releases you to your old job and the employer doesn't offer it or comparable work. Unlisted injuries are rated only by whole-body medical impairment.
Worked examples
| Rating | $800 weekly wage | $1,200 weekly wage | $1,600 weekly wage |
|---|---|---|---|
| 5% whole-person rating | $10,667 | $16,001 | $16,113 |
| 10% whole-person rating | $21,334 | $32,002 | $32,226 |
| 15% whole-person rating | $32,002 | $48,002 | $48,338 |
| 25% whole-person rating | $53,336 | $80,004 | $80,564 |
Calculate your back award
Settlement value vs. the statutory award
The figures on this page are what West Virginia law sets. Many claims end in a negotiated settlement instead. Insurers usually start from the statutory award for your rating, then adjust for disputed ratings, future medical care, how long wage-loss benefits could run and the risk of a hearing. Knowing the statutory number for a back injury helps you judge whether an offer is low.
West Virginia vs. neighboring states
| State | How a back injury is paid | Max for total loss |
|---|---|---|
| West Virginia | whole-person % × 400 weeks | — |
| Kentucky | impairment rating (see rule) | — |
| Maryland | impairment rating (see rule) | — |
| Ohio | whole-person % × 200 weeks | — |
| Pennsylvania | wage loss | — |
| Virginia | wage loss | — |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in West Virginia
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 66.67% of AWW |
|---|---|
| Maximum weekly benefit | $1,150.91 (2026-07-01 to 2027-06-30 (FY 2027)) |
| Minimum weekly benefit | 33.33% of SAWW (dollar amount for FY 2027 not confirmed) |
| Waiting period | Not confirmed |
| Waiting days paid back after | Not confirmed |
| Time limit on temporary benefits | 104 weeks |
Estimate your weekly check
Frequently asked questions
How much is a back injury worth in West Virginia workers' comp?
It depends on your whole-person impairment rating. West Virginia pays whole-person % × 400 weeks; a 10% rating is worth up to $32,226.
What is the average workers' comp settlement for a back injury in West Virginia?
West Virginia does not publish an official average. The best benchmark is the statutory award for your rating: for example, a 10% whole-person rating at a $1,200 weekly wage works out to about $32,002. Settlements move up or down from there.
What is the maximum weekly workers' comp benefit in West Virginia in 2026?
The maximum weekly temporary total disability benefit is $1,150.91 (2026-07-01 to 2027-06-30 (FY 2027)).
Which law sets these amounts?
W. Va. Code §§ 23-4-6, 23-4-14. The official sources are linked at the bottom of this page.
Other injuries in West Virginia
Law and official sources
Includes secondary sources
Statute: W. Va. Code §§ 23-4-6, 23-4-14; W. Va. Code § 23-4-6(e)-(f)
- West Virginia Offices of the Insurance Commissioner (official site)
- codes.findlaw.com/wv/chapter-23-workers-compensation/wv-code-sect-23-4-6/
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the West Virginia workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.