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On January 1, 2006 West Virginia abolished the former Workers' Compensation Commission (see below) and replaced it with a new employers' mutual insurance company called BrickStreet Mutual Insurance Company. This marked a historical transition from a near-bankrupt state agency less than three years earlier to a private enterprise offering workers' compensation coverage to West Virginia's 42,000 employers.
From Jan. 1, 2006 to July 1, 2008, BrickStreet Insurance was the sole source of legally required workers' compensation coverage for all employers doing business in West Virginia.
On July 1, 2008 West Virginia's insurance market opened to all private carriers licensed to do business in West Virginia. BrickStreet will continue to be the sole source of workers' compensation coverage for all state agencies, boards, commissions and higher education through 2012. Starting in 2013, these state agencies can purchase coverage from any insurance carrier.
Benefit levels for injured workers remain in WV Code and under exclusive state control. Claim decisions will be reviewable by the Office of Judges, the Board of Review and the Supreme Court of Appeals as mandated in WV Code.
The West Virginia Insurance Commissioner regulates the state's insurance industry and publishes Workers' Compensation benefit level tables annually.
Benefit rates may change annually on a state fiscal year schedule (beginning July 1 and ending the following June 30). The benefit rates shown below are in effect during state fiscal year 2011 (July 1, 2010 through June 30, 2011) and are believed current as of January 2011.
The percentage of worker's wage paid is 66 2/3, not to exceed the maximum rate. The maximum weekly rate is $692.93, 100% of the State Average Weekly Wage (SAWW). The minimum weekly rate is $230.98, 33 1/3% of SAWW, not to exceed the Federal Minimum of $193.33 weekly or actual wages, if less.
The percentage of worker's wage paid is 66 2/3, not to exceed the maximum rate. The maximum weekly rate is $692.93, 100% of the State Average Weekly Wage (SAWW). The minimum weekly rate is $230.98, 33 1/3% of SAWW, not to exceed the Federal Minimum of $193.33 weekly or actual wages, if less.
The percentage of worker's wage paid is 66 2/3, not to exceed the maximum rate. The maximum weekly rate is $485.05, 70% of the State Average Weekly Wage (SAWW). The minimum weekly rate is $230.98, 33 1/3% of SAWW, not to exceed the Federal Minimum of $193.33 weekly or actual wages, if less.
BrickStreet Mutual Insurance Company
400 Quarrier St.
Charleston, West Virginia 25301
304-941-1000 Phone
866-452-7425 Toll Free
==================================
West Virginia Offices of the Insurance Commissioner
Consumer Service Division
1124 Smith Street
Charleston, West Virginia 25301
888-879-9842 Toll Free
800-435-7381 TTY
NOTE: Information presented below about the former West Virginia Workers' Compensation Commission (WCC) is no longer current. This information is presented for archival purposes only. Non-functional links to former WCC website pages have been removed.
The West Virginia Workers' Compensation Commission (WCC) is responsible for administration of the Workers' Compensation program. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in West Virginia. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the WCC, and is believed current as of August 2005.
NOTE: Beginning in late 2003 and extending over the next several years, the West Virginia Workers' Compensation program and its associated agencies will be undergoing radical change in the wake of serious budgetary and administrative problems. Some benefit payment levels and durations are being reduced. You can read about "New Beginnings" and see a MS PowerPoint presentation explaining future changes from the WCC website at:
http://www.state.wv.us/scripts/bep/wc/newbegin.cfm
NOTE: On Feb. 16, 2005, Gov. Joe Manchin signed into law Senate Bill 1004, also known as the Workers' Compensation Bill, which calls for the privatization of the state's workers' compensation system. As part of this bill, the Workers' Compensation Commission will be transformed into a private mutual insurance company as of Jan. 1, 2006.
The WCC has a presentation that hits the highlights of the recently signed senate bill mandating the privatization of the state's workers' compensation system, and discusses the three-phase process the Workers' Compensation Commission will follow in its transition to a private insurance market. Read it at:
http://www.wvwcc.org/downloads/Forms/Privatization.pdf
Privatization of the workers' compensation system will occur in three phases. For a detailed outline of each phase, click on the links below.
PHASE 1 (2/1/05 - 01/01/06) - Preparation for Mutual:
http://www.wvwcc.org/index.cfm?fuseaction=WorkersComp.displayNews&ItemID=1368
PHASE 2 (01/01/2006 - 06/30/2008) - Establishment of Mutual and Discontinuance of State System:
http://www.wvwcc.org/index.cfm?fuseaction=WorkersComp.displayNews&ItemID=1367
PHASE 3 (07/01/2008) - Competition:
http://www.wvwcc.org/index.cfm?fuseaction=WorkersComp.displayNews&ItemID=1366
In West Virginia, workers' compensation is compulsory, and no waivers are permitted. There is an exclusive state fund. Employers may not insure through private carriers or through groups of employers, but may self-insure. There is no exemption for employers with small numbers of employees.
Covers employees of an employer who has 6 or more full-time workers in agricultural service.
Employers are permitted to provide voluntary coverage.
Full medical benefits are provided with no time or monetary limitations.
The percentage of worker's wage paid is 66 2/3 (legislative changes effective July 1, 2003 reduced this percentage from its former level of 70% and reduced the maximum period to 104 weeks from its former period of 208 weeks). For weekly payments, the minimum is $175.33 (33 1/3 percent of SAWW). The minimum benefits may not exceed the level of benefits determined by use of the applicable Federal minimum hourly wage. The maximum is $526, 100% of SAWW.
Effective June 1, 2003, the Workers' Compensation Division implemented guidelines for disability periods for claimants on temporary total disability. For more details click on the link below:
http://www.state.wv.us/bep/wc/resources/DisabilityGuidelines.pdf
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $175.33 (33 1/3 percent of SAWW). The minimum benefits may not exceed the level of benefits determined by use of the applicable Federal minimum hourly wage. The maximum is $526, 100% of SAWW. The maximum period of payments is for the duration of disability or to age 65. Claimants receiving benefits prior to 7/1/1994 shall not have their benefits reduced based upon the requirement that such benefits shall not exceed the applicable Federal minimum wage. Awards of PTD, including pending claims, are payable until claimant attains the age necessary to receive Social Security Old Age Retirement. A claimant may elect to receive reduced payments to provide an annuity at death for surviving dependents.
The percentage of worker's wage paid is 66 2/3 (legislative changes effective July 1, 2003 reduced this percentage from its former level of 70%). For weekly payments, the minimum is $175.33 (33 1/3 percent of SAWW). The minimum benefits may not exceed the level of benefits determined by use of the applicable Federal minimum hourly wage. The maximum is $350.67, 70 percent of SAWW. For non-scheduled injuries, the maximum period of payments is 336 weeks, and there is no maximum total payable amount. Ratings for compensation purposes are determined as a percentage of permanent total disability. If disability is 85% to 100%, benefits are payable for life. Claimants receiving benefits prior to 7/1/1994 shall not have their benefits reduced based upon the requirement that such benefits shall not exceed the applicable Federal minimum wage.
West Virginia has no specific provision for payment of disfigurement benefits.
Section 23-4-23(b)(1)(2)--Provides for a reduction of permanent total disability (PTD) benefits by 50 percent of the amount of full old age Social Security insurance benefits. Also provides for a reduction of PTD benefits by the after tax amount of the payments received or being received under a self-insurance plan, a wage continuation plan, or under a disability insurance policy provided by an employer if the employee did not contribute directly to the plan or to the payment of premiums regarding the disability insurance policy.
Workers' Compensation Commission
4700 MacCorkle Ave. S.E.
Charleston, WV 25304
Phone: 1-888-4WV-COMP
Internet: http://www.wvwcc.org/
Workers' Compensation Regulations, Title 85, series 1-32 of state Workers' Compensation Rules and Title 93, series 1-2 relative to Hearings and the Office of Judges are available online at:
http://www.wvwcc.org/index.cfm?fuseaction=WorkersComp.DisplayNews&ItemID=1183
The full text of 2003 WV Senate Bill 2013 is available at:
http://www.legis.state.wv.us/Bill_Text_HTML/2003_SESSIONS/2x/BILLS/sb2013%20enr2.htm
The full text of 2005 WV Senate Bill 1004 is available at:
http://www.legis.state.wv.us/Bill_Text_HTML/2005_SESSIONS/1x/BILLS/sb1004%20enr.htm
A relatively objective overview of the sweeping changes contained in the 2003 WV Senate Bill 2013 from a law firm's perspective is available at:
http://www.bowlesrice.com/publications/publications/alerts/ALERT_WorkersCompCodeChanges_Aug03.pdf
Mutualization information and updates on implementation are available from the WCC website at:
http://www.wvwcc.org/index.cfm?fuseaction=WorkersComp.DisplayNews&ItemID=1345
Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.
Some information for this topic was drawn from:
http://www.wvinsurance.gov/Default.aspx?tabid=73
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