In West Virginia, you fight a claim decision by filing a protest (a written objection) with the Board of Review within 60 days of receiving it. Sixty days sounds like plenty, but the count starts the day the decision reaches you, so begin right away.
The deadline for the claim itself is short too. Your application is due within six months of the injury, so do not wait to see whether the pain fades.
How West Virginia figures your weekly check
Temporary total disability (TTD, the checks you get while you cannot work at all) is two-thirds of your average weekly wage. For fiscal year 2027, which runs July 1, 2026 to June 30, 2027, the weekly cap is $1,150.91.
TTD can last up to 104 weeks for one injury. The first 3 days are unpaid unless you are off more than 7 days.
Run your own numbers in our weekly pay calculator.
| Weekly check | two-thirds (66 2/3%) of your average weekly wage |
|---|---|
| Weekly cap on temporary total checks, fiscal year 2027 (July 1, 2026 to June 30, 2027) | $1,150.91 |
| Waiting period | first 3 days unpaid unless you are off more than 7 days |
| How long temporary total checks can last | up to 104 weeks for one injury |
West Virginia filing windows
- Claim application: within six months of the injury.
- Protest of a claim decision to the Board of Review: within 60 days of receiving the decision.
- Appeal of a Board of Review decision to the Intermediate Court of Appeals: within 30 days.
Write the date you received each decision on the letter itself. That date starts the 60-day count and you may need to prove it later.
Each step has its own clock and one missed date can end the case at that step. Put every date on a calendar as soon as you learn it.
Protesting a denial or cutoff in West Virginia
When benefits are refused or your checks end, you get a written claim decision. The protest is how you put that decision in front of the Board of Review and ask for a different result. A protest is not a lawsuit. It is a written objection asking the Board to look again.
Read the decision closely before you file. Our letter explainer can turn the legal wording into plain terms and our page on payments that stopped lists the records to collect.
If the Board rules against you, the next stop is the Intermediate Court of Appeals and that appeal has its own 30-day limit. Questions about the system itself can go to the Offices of the Insurance Commissioner at 888-879-9842.
Limits on what a West Virginia workers comp lawyer can charge
State law holds the fee to 20% of the award. There is also an outer limit: the fee cannot go past 20% of the benefits paid over 208 weeks. So a long award does not turn into an open-ended fee. Any fee comes out of what you are awarded, so ask how it will be counted before you sign.
People also ask
Where do I send a protest?
To the Board of Review, within 60 days of the day you received the claim decision.
How long can West Virginia pay temporary total checks?
Up to 104 weeks for one injury.
Is the first week paid?
The first 3 days are unpaid unless you are off more than 7 days. If you are out longer than that, those 3 days are paid too.