Disabled veterans who transition to civilian employment face a unique challenge when workplace injuries occur. You've already navigated the VA disability system, and now you're dealing with Pennsylvania workers' compensation on top of it. The good news is that you don't have to choose between the two.
At Kaufman Workers' Compensation Law, we've helped veteran workers manage benefits in both systems without sacrificing either. Attorney Jenifer Kaufman understands how VA disability ratings impact workers' compensation claims and how to strategically position your case for benefits under both programs.
Call now to schedule a free consultation with one of Pennsylvania's few certified workers' compensation specialists.
Key Takeaways: VA Benefits and Workers' Compensation in PA
- Veterans may receive both VA disability benefits and Pennsylvania workers' compensation simultaneously for different injuries or conditions
- VA disability compensation may be reduced if you receive workers' comp benefits for the same condition under federal offset rules
- Proper documentation and legal guidance help secure benefits from both systems without jeopardizing either claim
What to Know About VA and Workers’ Comp Benefit Systems
VA disability and Pennsylvania workers' compensation operate independently, but knowing the differences helps you navigate both without confusion.
VA Disability Benefits Overview
VA disability benefits compensate veterans for service-connected disabilities and conditions that resulted from military service. The VA assigns disability ratings from 0% to 100% based on the severity of your condition.
VA benefits include:
- Monthly disability payments based on your VA disability rating percentage
- VA healthcare access through the VA medical system
- Continued payments regardless of employment (your VA benefits don't stop or decrease if you work full-time, part-time, or remain unemployed)
- Compensation for service-connected conditions that resulted from or were aggravated by your military service
Pennsylvania Workers' Compensation Overview
Pennsylvania's workers' compensation system operates separately from federal VA programs. It's a state-administered program with its own rules, deadlines, and benefit calculations.
Pennsylvania workers' compensation benefits cover work-related injuries that happen during civilian employment, regardless of your military service history. Benefits available include:
- Medical treatment coverage
- Wage replacement
- Disability payments for injuries that occur on the job.
You must be actively employed when the injury occurs to qualify for these benefits, and your workers' compensation benefits depend on your average weekly wage from your civilian job and the severity of your workplace injury.
Key Differences Between Systems
| VA Disability Benefits | Pennsylvania Workers' Compensation |
| Covers service-connected conditions from military service | Covers employment-related injuries from civilian jobs |
| Based on VA disability rating (0-100%) | Based on average weekly wage and injury severity |
| No employment required to receive benefits | Must be actively employed when injury occurs |
| Federal program with VA medical evaluations | State program with authorized provider network |
| Separate application through VA system | Claim filed with employer and state workers' compensation system |
When You Can Receive Both Benefits
You can receive full benefits from both the VA and Pennsylvania workers' compensation when your injuries are completely separate.
Let’s say you have a service-connected back injury and then suffer a shoulder injury at your civilian job. In that case, both systems would pay benefits without reduction.
Both systems operate independently when injuries don't overlap. You file separate claims, see different doctors, and receive separate benefit payments. Your VA disability rating has no impact on your workers' compensation benefit calculation, and your workers' comp settlement doesn't affect your VA monthly payments.
The VA Offset: When Benefits May Be Reduced
Federal law requires VA disability offset when you receive workers' comp for the same condition.
Using our last example, let’s say you have a 40% disability rating for a service-related back injury, and then you hurt your back at your civilian job. In that case, the VA examines your total income from both systems and may offset or reduce its monthly disability payments if your combined benefits exceed the federal cap.
Offset calculation is complicated. The VA uses pre-injury earnings and current benefit amounts to determine reductions, and workers' comp settlements affect VA offset calculations differently than ongoing payments. It is important to note that you cannot waive offset to preserve full VA benefits.
The offset formula is complex and varies by individual circumstances. Consulting with a workers' comp attorney who understands VA benefits helps you understand your specific situation.
How to Apply for Workers’ Compensation as a Disabled Veteran
Your status as a disabled veteran and your VA benefits do not change how you will file a workers’ compensation claim. You will still need to take the following steps:
- Give your employer notice within 21 days of the injury, preferably in writing
- Get medical attention from an authorized medical provider (after 90 days, you may switch to a provider of your choosing)
- File a workers' compensation claim with the Bureau of Workers' Compensation if your employer's insurance carrier denies benefits or disputes your claim
- Attend all scheduled medical appointments with authorized providers and follow treatment recommendations
- Keep detailed records of all medical treatment, wage statements, and correspondence related to your workplace injury
Additional steps to protect both your workers’ comp and VA benefits:
- Document how your workplace injury differs from your service-connected conditions in all medical appointments
- Report your workers' compensation benefits to your VA Regional Office to comply with federal offset requirements
- Notify the VA immediately of any settlements, benefit changes, or when your workers' compensation payments stop
Attorney Jenifer Kaufman can help you with your workers’ compensation claim, explaining your rights and protecting your interests in both systems.
FAQ for VA Benefits and Pennsylvania Workers' Compensation
Will My Workers’ Comp Claim Affect My VA Disability Rating?
No. Your VA disability rating remains based on service-connected conditions and is determined independently. However, receiving workers' comp for the same condition may reduce your VA monthly payment amount through offset.
Should I Tell My Employer about My VA Disability Status?
You're not required to disclose VA disability unless it affects your ability to perform job duties. Workers' comp claims are evaluated based on workplace injuries regardless of military service history or existing VA benefits.
What Happens if I Settle My Workers’ Comp Claim?
Lump sum workers' comp settlements are prorated over your life expectancy for VA offset calculations. The VA reduces monthly payments until the prorated settlement amount is exhausted, potentially affecting benefits for years.
Get Legal Help with Workers' Compensation and VA Benefits
Veterans face unique challenges when workplace injuries intersect with service-connected disabilities. At Kaufman Workers' Compensation Law, we understand how both systems work and how to protect your benefits under each program.
Call us today at (267) 626-2973 or contact us through our online form to schedule a free, consultation.
Attorney Jenifer Kaufman has been certified as a specialist in workers' compensation law by the Pennsylvania Bar Association Workers' Compensation Law Section since 2013. She helps veteran workers file strong workers' compensation claims while maintaining their VA disability payments.