VETERANS PRESS: Service connected Disability and Workman’s Comp

Did you know if you sustain an injury while working at your post-service job and subsequently file for worker’s compensation claim against an employer for that injury, you “could” be precluded from filing for the same injury with the VA, especially if there is no medical evidence the condition/injury is service connected? And, if you have a service connected disability, not appropriately reported to your employer, you “could” be precluded from filing a worker's compensation claim for that disability as well.   

This is very important!  And here’s why: 

For example, if you have filed for and have been awarded worker’s compensation through your employer, this is akin to the employer admitting that the injury was caused during your employment at the employer’s establishment, not the military. 

Since your employer has admitted that the injury was caused during your work with that particular employer, you “may” be precluded from filing for the same injury with the VA at a later date. Knowingly filing for a condition caused by your employer, and not the military, could be fraudulent. 

Now, there are always exceptions. Both worker’s compensation and VA disabilities groups have different methods for assessing the levels of disability. These two groups are not mutually exclusive. Being a member of one group does not preclude a Veteran from being part of the other. Veterans often return to civilian life and are deserving of the same protections other civilian workers receive. The only caveat is that if a veteran is injured on the job, the workers’ compensation benefits he or she receives may be offset by any VA benefits, and vice versa. It can get complicated!

It is worth mentioning, VSOs are prohibited from assisting and filing of claims on a veteran's behalf if VSOs suspect the claim is fraudulent. And, in complicated cases involving both workers compensation and disability claims, it would likely be best for the Veteran to seek appropriate legal counsel. 

If you get anything out of this article, “DON'T FILE FOR CONDITIONS THAT INVOLVE BOTH WORKER COMPENSATION AND DISABILITY WITHOUT KNOWING IF YOU CAN DO SO”!

Submitted by: Tom Freeman, Kootenai County Veterans Services Office 

For local help see the “Resource Directory” section in this publication or contact: 

Spokane Regional Veterans Service Center 1-509-477-3690

Kootenai County Veterans Service Benefits Office 1-208-446-1092