The West Virginia workers compensation act — formally the West Virginia Workers’ Compensation Act (W. Va. Code Chapter 23, titled “Workers’ Compensation”), found at West Virginia Code Chapter 23 (§23-1-1 et seq.) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the West Virginia workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
West Virginia at a Glance
| Official name | Workers’ Compensation Act (W. Va. Code Chapter 23, titled “Workers’ Compensation”) |
| Where it lives | West Virginia Code Chapter 23 (§23-1-1 et seq.) |
| First enacted | 1913 (passed February 21, 1913; took effect October 1913) |
| Filing deadline | §23-4-15 — 6 months from the date of injury or death, and a late claim is forever barred (the deadline is jurisdictional). Occupational pneumoconiosis claims have 3 years from the last day of the last continuous exposure period of 60 days or more, or from the diagnosis being communicated. Other occupational disease claims have 3 years under §23-4-15. |
| Exclusive remedy | §23-2-6 (and §23-2-6a for co-employees) — a complying employer is immune from employee lawsuits. The main exception is “deliberate intention” under §23-4-2(d)(2), meaning either actual specific intent or the five-factor test. Noneconomic damages in those suits are capped at 500000 under the 2023 amendment (HB 3270). |
| Recent amendments | HB 5515 (2026 Regular Session), effective June 12, 2026, modernized Chapter 23 Articles 4 and 5: it removed obsolete language left over from the pre-2005/2006 state-monopoly system, updated citations and agency references, changed the Board of Review from 5 members to 3–5 members, and repealed §23-4-3b and §23-4-3c. SB 856 (2025), effective July 11, 2025, removed several Insurance Commissioner reporting requirements, amended §23-2C-5 and §23-4-1f, and repealed §23-1-2 and §23-1-17. Benefit rates are adjusted annually under §23-4-6 and §23-4-14, so use the figure in the Commissioner’s current-year rate notice. |
In This West Virginia Guide:
What the West Virginia Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The West Virginia workers compensation act dates to 1913 (passed February 21, 1913; took effect October 1913).
It lives at West Virginia Code Chapter 23 (§23-1-1 et seq.), and the official text is linked in the sources. West Virginia moved from a state-run monopolistic fund to a competitive private insurance market in 2005–2008, and the Insurance Commissioner regulates the system. Occupational pneumoconiosis (black lung) has its own claim rules and filing deadlines under §23-4-15 and §23-4-8a through 8c.
The deliberate-intent lawsuit under §23-4-2(d)(2) is an unusual way around employer immunity, and noneconomic damages in those suits are capped at 500000. Many claimants may want to confirm their specific situation with the Offices of the Insurance Commissioner and a licensed attorney.
Who the West Virginia Workers Compensation Act Covers
§23-2-1 — generally every employer with one or more employees must carry workers’ compensation insurance (through a private carrier or self-insurance), apart from the employers listed in §23-2-1(b) §23-2-1(b) — employers of domestic-service workers, agricultural employers with 5 or fewer full-time employees, and casual employers are not required to carry coverage but may choose to.
A casual employer has 3 or fewer employees whose work is temporary, intermittent and sporadic and lasts no more than 10 calendar days in any calendar quarter (definitions in 85 CSR 8)
Deadlines in the West Virginia Workers Compensation Act
Waiting period: §23-4-5 — 3-day waiting period. No award if disability lasts 3 days or less. If disability lasts longer than 7 days, the first 3 days are also paid..
Wage-loss rate: §23-4-6(b) — temporary total disability is 66 2/3 percent of the worker’s average weekly wage at the date of injury, capped at 100 percent of the state average weekly wage, with a floor of 33 1/3 percent of the state average weekly wage. Maximum 104 weeks per injury. The current-year maximum and minimum are set annually under §23-4-6 and §23-4-14..
West Virginia Workers Compensation Act: Key Sections at a Glance
The sections of the West Virginia workers compensation act that decide most cases, each with its citation:
| Coverage mandate | §23-2-1 — generally every employer with one or more employees must carry workers’ compensation insurance (through a private carrier or self-insurance), apart from the employers listed in §23-2-1(b) |
| Exemptions | §23-2-1(b) — employers of domestic-service workers, agricultural employers with 5 or fewer full-time employees, and casual employers are not required to carry coverage but may choose to. A casual employer has 3 or fewer employees whose work is temporary, intermittent and sporadic and lasts no more than 10 calendar days in any calendar quarter (definitions in 85 CSR 8) |
| File a claim | §23-4-15 — 6 months from the date of injury or death, and a late claim is forever barred (the deadline is jurisdictional). Occupational pneumoconiosis claims have 3 years from the last day of the last continuous exposure period of 60 days or more, or from the diagnosis being communicated. Other occupational disease claims have 3 years under §23-4-15. |
| Waiting period | §23-4-5 — 3-day waiting period. No award if disability lasts 3 days or less. If disability lasts longer than 7 days, the first 3 days are also paid. |
| Wage-loss rate | §23-4-6(b) — temporary total disability is 66 2/3 percent of the worker’s average weekly wage at the date of injury, capped at 100 percent of the state average weekly wage, with a floor of 33 1/3 percent of the state average weekly wage. Maximum 104 weeks per injury. The current-year maximum and minimum are set annually under §23-4-6 and §23-4-14. |
| Exclusive remedy | §23-2-6 (and §23-2-6a for co-employees) — a complying employer is immune from employee lawsuits. The main exception is “deliberate intention” under §23-4-2(d)(2), meaning either actual specific intent or the five-factor test. Noneconomic damages in those suits are capped at 500000 under the 2023 amendment (HB 3270). |
| Who hears disputes | §23-5-8a and §23-5-11 — protests of claim decisions go to the Workers’ Compensation Board of Review, which took over the Office of Judges’ duties on July 1, 2022. Board of Review decisions can be appealed to the West Virginia Intermediate Court of Appeals under §23-5-12a. |
The Exclusive-Remedy Bargain in the West Virginia Workers Compensation Act
§23-2-6 (and §23-2-6a for co-employees) — a complying employer is immune from employee lawsuits. The main exception is “deliberate intention” under §23-4-2(d)(2), meaning either actual specific intent or the five-factor test. Noneconomic damages in those suits are capped at 500000 under the 2023 amendment (HB 3270).
Retaliation and Penalties Under the West Virginia Workers Compensation Act
The West Virginia workers compensation act bars an employer from firing, demoting or punishing a worker for filing a claim; the remedy is a separate lawsuit or an agency complaint, with reinstatement and back pay available.
The penalty section covers employers who go without required coverage: fines, stop-work orders and, in many states, criminal exposure. §23-5-8a and §23-5-11 — protests of claim decisions go to the Workers’ Compensation Board of Review, which took over the Office of Judges’ duties on July 1, 2022. Board of Review decisions can be appealed to the West Virginia Intermediate Court of Appeals under §23-5-12a.
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
Recent Amendments to the West Virginia Workers Compensation Act
HB 5515 (2026 Regular Session), effective June 12, 2026, modernized Chapter 23 Articles 4 and 5: it removed obsolete language left over from the pre-2005/2006 state-monopoly system, updated citations and agency references, changed the Board of Review from 5 members to 3–5 members, and repealed §23-4-3b and §23-4-3c. SB 856 (2025), effective July 11, 2025, removed several Insurance Commissioner reporting requirements, amended §23-2C-5 and §23-4-1f, and repealed §23-1-2 and §23-1-17.
Benefit rates are adjusted annually under §23-4-6 and §23-4-14, so use the figure in the Commissioner’s current-year rate notice.
How to Read the West Virginia Workers Compensation Act
Statute pages are written for lawyers, so read the West Virginia workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the West Virginia workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the West Virginia claim guide turns these sections into steps and dates, and the West Virginia requirements guide covers the employer side.
Frequently Asked Questions
Where is the West Virginia workers compensation act in the code?
West Virginia Code Chapter 23 (§23-1-1 et seq.). The sources below link to the official text.
How long do I have to report a work injury under the West Virginia act?
The act sets a reporting deadline and a separate filing deadline — see the deadlines section. Report in writing as soon as possible either way.
Can I sue my employer instead of using the West Virginia workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official West Virginia Sources & Resources
- West Virginia West Virginia Offices of the Insurance Commissioner (Workers’ Compensation regulation); disputes go to the Workers’ Compensation Board of Review: https://www.wvinsurance.gov/
- West Virginia Workers’ Comp Statute: https://code.wvlegislature.gov/23/
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This West Virginia workers compensation act guide was last verified against official West Virginia sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
You May Also Like
More West Virginia Workers’ Comp Guides
- How to File a West Virginia Workers’ Comp Claim
- West Virginia Workers’ Comp Settlements
- West Virginia Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.