Can I settle my workers' comp case?

Yes. West Virginia allows lump-sum and structured settlements for workers' compensation claims [§ 23-5-7].

Can I reopen a settled claim?

Generally, once a settlement is approved, it is final and cannot be reopened [§ 23-5-7]. Make sure you understand all terms before agreeing.

How is settlement value determined?

Settlement value depends on many factors specific to your case, including injury severity and your permanent impairment rating.

Should I accept the first settlement offer?

It is rarely advisable to accept the first offer without consulting an attorney. Initial offers are often lower than the fair value of the claim.

Topic guideUpdated 2026-02-27

West Virginia Workers' Comp Settlements & Hearings — What to Expect

How workers' compensation settlements and hearings work in West Virginia, including lump-sum agreements and appeals.

Many workers' compensation cases in West Virginia are resolved through settlements rather than hearings §23-5-7.

Types of Settlements

West Virginia allows lump-sum settlements. Common settlement types include:

Lump-sum settlement — a one-time payment resolving all or part of your claim

Structured settlement — periodic payments over time

Partial settlement — resolving some issues while leaving others open

Settlement Approval

The parties may negotiate a final settlement of any and all issues in a claim, payable as a lump sum, a structured payment plan, or any combination; each settlement agreement must give the injured worker five business days to revoke it, and the Insurance Commissioner may void unconscionable settlements entered into by unrepresented workers §23-5-7. The approval process ensures that the settlement is fair and that you understand what rights you are giving up.

⚠Once approved, a settlement is generally final and cannot be reopened. Make sure you fully understand the terms before agreeing.

The Hearing Process

If your case cannot be settled, it proceeds to a hearing:

Disputes heard by the Workers' Compensation Board of Review, which has exclusive jurisdiction to review objections after the Office of Judges was terminated effective July 1, 2022 §23-5-8b.

What to Expect at a Hearing

Both sides present evidence including medical records and testimony

Witnesses may be called, including medical experts

The judge or hearing officer issues a written decision

Either party may appeal the decision

Appeals

Appeal to the Workers' Compensation Board of Review, then to the West Virginia Intermediate Court of Appeals and West Virginia Supreme Court.

Factors Affecting Settlement Value

	Impact on Value
Severity of Injury	More severe injuries command higher settlements
Permanent Impairment	Higher impairment ratings increase value
Future Medical Needs	Ongoing treatment needs increase settlement amounts
Lost Wages	Duration and extent of wage loss
Age and Occupation	Younger workers and higher earners may receive more

✓Never accept a settlement offer without consulting an attorney. The initial offer is often significantly lower than what your case is worth.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

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