When veterans transition from military to civilian life, they face many challenges. For one, they may not struggle to find their routine outside of a structured military environment. They may have both mental and physical conditions that affect their daily life. Because of these problems, it can also be challenging to transition into a standard work environment. If you find yourself in a similar situation, you’re not alone. You can find help, if you know where to look for it, in employment law and workers’ compensation. This guide will help inform you on different avenues to help support you if you’re having trouble transitioning into a work environment due to a physical and mental disability caused by the military or the workplace.
What Employment Protections Do Veterans Have?
Both state and federal agencies have laws to protect veterans from unfair treatment in the workplace and ensure they’re not at a disadvantage when applying to these workplaces. With them, it can be illegal for employers to not hire veterans based on their military experience, discriminate in the workplace because of disabilities they have from service, or fire because of these disabilities.
Federal Employment Protections
On a federal level, veterans have the Uniformed Services Employment and Reemployment Rights Act (USERRA) to protect their employment and reemployment rights. This legislation ensures that anyone who leaves a job for military service can still have that job when they return, along with the same pay and benefits. This same law also prohibits employers from denying veterans because of their military service and requires them to provide accommodation if veterans have any disabilities from military service. These actions can make it easier for veterans to earn an income after serving.
In addition, the Veterans Preference Act requires federal agencies and organizations to prioritize hiring veterans who have recently left military service as long as they meet specific criteria. This same act also protects veterans from necessary layoffs for downsizing. Suppose a veteran works for the Food and Drug Administration. If the FDA has budget cuts and has to make downsizing decisions, veterans protected under the Veterans Protection Act receive preferential treatment and won’t be a part of downsizing decisions.
States With Strong Veteran Protection
In addition to federal protections, many states have additional legislation to protect veterans, particularly those with disabilities. Here is a list of states and protections they have for veterans’ employment.
Virginia
Although Virginia has no laws to protect veteran employment rights besides federal protections, it has the Virginia Values Veterans (V3) Program. This program allows employers to receive free training on the best practices for recruiting, hiring, and retaining veteran employees. Once they complete training, they receive certification that can indicate to veterans that the employer is a protective institution. Because of the program, V3-certified companies helped to hire nearly 82,000 veterans.
Texas
Texas has the Texas Workforce Commission (TWC), which extends federal employment protections under USERRA to all public and private sector veterans, including those in the Texas State Guard. These protections include protection from discrimination and the right to reemployment after military service.
In addition, Texas has a program called the “We Hire Vets Program ” that helps employers attract more veterans. After applying, employers can receive recognition from the state for hiring veterans who make up at least 10% of the company’s workforce. The state believes this recognition can encourage more companies to hire veterans.
Minnesota
Minnesota has its laws to help protect employees, particularly veteran employees. For example, Minnesota law prohibits employers from discriminating against individuals due to their military status. Employers cannot ask about an applicant’s serving status during the hiring process, and they can’t fire veterans from employment if they need to leave for service.
Minnesotan veterans are also entitled to four years or more of leave of absence from their employer without worrying about losing their pay, role, or company benefits while enlisted. Veterans who work for state government bodies also receive preferential treatment, similar to the federal Veterans Protection Act. The only exception is that employers can remove veterans from their roles due to incompetence or misconduct, which the state must prove through a special hearing.
Washington
Washington has a unique set of laws for veteran employees. For one, those who serve in the military can receive up to 21 days of paid leave if they work in a state department and need to leave for military duty, training, or drills. With this protection, veterans who work in a public setting don’t have to worry about losing their pay or benefits because of current military service.
Washington also has the Military Family Leave Act, which enables spouses of current military service members to take up to 15 days of unpaid leave if their spouse is on leave. During this time, military members and their spouses can enjoy time together during deployment periods without worrying about losing employment when they return.
Workplace Accommodations for Veterans
Once hired, veterans also have protections in the workplace where employers must accommodate their needs, especially if they have a mental or physical disability caused by their service.
The Americans with Disabilities Act (ADA)
The main reason veterans may receive these accommodations is the Americans with Disabilities Act (ADA). This act protects anyone with a mental or physical disability, even veterans, from discrimination because of their disability. While many people associate the ADA with prohibiting employers from discriminating against or harassing veterans, it also ensures that veterans receive accommodations because of a disability they gained while in service.
For example, an employer may need to modify the work environment, such as providing ergonomic equipment or wheelchair access for any veteran who needs it. However, it may also include offering assistive technology, such as providing a screen reader for those who have a visual impairment or adjusting a work schedule due to mental health conditions like PTSD.
How Veterans Can Request Reasonable Accommodations
Veterans who need some kind of accommodation because of a mental or physical disability would need to notify their employer after hiring and provide documentation from a doctor to support their request. If an employer denies these accommodations, they could be liable for legal action. To avoid this, employers must support veteran employees by creating a workplace environment that welcomes and understands veterans’ unique experiences. Owners should train managers and other staff about handling accommodation requests respectfully and consult veteran support programs for further assistance.
Additional Employment Rights for Veterans
Veterans have protections not only to their right to employment but also to protect them against discrimination, harassment, and leave work for medical purposes without retaliation.
Discrimination and Harassment Protections
Discrimination and harassment is illegal in the workplace to protect employees, even veterans, under several vital laws:
- USERRA: Protects veterans from discrimination based on their military service from employers and fellow employees.
- ADA: Protects veterans from discrimination and harassment by employers and other employees based on a disability.
- Civil Rights Act of 1964: Protects veterans of color from discrimination and harassment based on their ethnicity, race, or birthplace.
Discrimination and harassment may vary depending on the situation, but you’ll know if you experience it. It can be anything from not receiving a promotion from your employer to being on the receiving end of mocking employees that goes unpunished.
If you experience discrimination or harassment, you must take action immediately by following these steps:
- Report the behavior to your supervisor, HR department, or equal employment opportunity department.
- File a complaint with the Equal Employment Opportunity Commission.
- Seek legal representation.
Ultimately, if your case isn’t taken seriously in each step, you must progress to the next step.
FMLA and Protected Leave
Many veterans experience medical leave of absence due to a disability they gained while serving in the military. Under the Family and Medical Leave Act, veterans can seek and recover from medical conditions for up to 12 weeks with unpaid leave. In addition, FMLA also protects the spouses of veterans who may need to care for them during recovery. In either scenario, FMLA ensures employees will have their jobs after 12 weeks. States may also have additional FMLA provisions, such as extended leave or requirements for paid leave. As such, it’s important to research local FMLA protections in your state.
If your employer denies your FMLA request or retaliates after the fact, they are liable for legal action.
Navigating Workers’ Compensation As a Veteran
Veterans can also receive workers’ compensation benefits if they receive an injury while working. This includes:
- Medical treatment: This includes any financial compensation for medical care you receive because of a work injury or illness, including doctor visits, surgeries, medications, and rehabilitation.
- Disability benefits: This includes any financial compensation for any wages you may have lost due to a workplace injury or illness.
- Vocational rehabilitation: Your employer may be liable to assist you in finding a new job if you aren’t qualified to work at your old job due to a workplace injury.
- Death benefits: Your employer will be liable to financially support your family members if you die from a workplace injury or illness.
Workers compensation is especially essential for veterans who work in physically demanding jobs. In these kinds of jobs, it’s common for veterans with healed injuries from their time in service to worsen. In addition, veterans with injuries may be more prone to developing a new and different injury if their employer isn’t careful. In either circumstance, worker’s compensation protects veterans.
Filing a Workers’ Compensation Claim
After you experience a workplace injury, place a workers’ compensation claim with the following steps:
- Report the injury to your employer: As soon as you notice your work-related injury or illness, report it to your employer. Most states require that employees report injuries within a specific timeframe, often within a few days of the incident. Failing to report an injury promptly could result in a denial of your claim.
- Seek medical attention: After reporting the injury, seek medical treatment immediately. Sometimes, your employer may direct you to a specific healthcare provider for the initial treatment, but you may want to ask an additional medical professional for a second opinion. In either scenario, inform the provider that you experienced a workplace injury, and they will provide proper documentation afterward.
- Keep detailed records: In addition to medical records, obtaining any other evidence that proves your injury is work-related is essential. This may include any camera evidence, time cards, and more.
- Complete a claim form: Your employer will supply a compensation claim form or a DWC-1 form, which you will complete and return to your employer. From here, your employer will supply it to the workers’ compensation board or insurance carrier.
- Follow up with your employer: After you submit your form, check in with your employer regularly to find out where your form is in the submission process. Afterward, they will inform you whether your claim was approved or denied.
If your claim is approved, you can collaborate with your employer about an appropriate compensation package and a plan for returning to work if possible. If their compensation isn’t comprehensive, you can seek a settlement with their insurance carrier. Although you can pursue workers’ compensation settlements independently, you’re more likely to receive them if you hire legal help. If your employer or insurance carrier denies your claim, you can appeal the decision by hiring a lawyer and contesting it before a judge.
Challenges You May Face During a Workers’ Comp Claim
In an ideal world, you could easily file a claim with few roadblocks and challenges. However, this is not always the reality. If you anticipate some of these challenges, you can increase your likelihood of filing a successful workers’ compensation claim.
- Financial strain: Although workers’ compensation can award you for any finances you may have lost because of a workplace injury, paying for the medical expenses comes with an initial cost, which can cause stress in your daily life.
- Statute of limitations: For an insurance carrier and an employer to approve a claim, you must report your injury within a specific time frame, which varies from state to state.
- Difficulty reporting injuries: Veterans may feel inclined to downplay their injuries to avoid social stigma. This habit can cause financial strain, as not seeking medical attention can lead to even more significant problems.
- Difficulty obtaining documentation: It may be difficult to gain evidence from your workplace that proves you gained an injury while working, especially if they’re at fault. In addition, failing to organize and supply documentation will result in a denial.
- Disagreements between medical professionals: When seeking medical attention, it’s best to seek multiple opinions from different professionals. Some may disagree on what compensation you need to heal from an injury. This is especially common if you’re seeking an opinion from Veteran Affairs (VA) or a private practice recommended by your employer.
Although you can’t always control these factors, do your best to account for them.
Distinguishing Between Service-Related and Workplace Injuries
Most notably, the biggest challenge you’ll go through when filing a claim as a veteran is that your employer will likely point toward your military service as a cause of your injury rather than the work itself, even if you have no history of a pre-existing condition. If you do have a pre-existing condition, it can be difficult to dispute a denial, but not impossible to argue against. Veterans who have pre-existing conditions may completely heal the injury but then exacerbate it by working in an unsafe environment. In this scenario, an attorney could argue that this injury wouldn’t worsen if the employer simply provided a safe environment in the first place.
Regardless of your medical history, it’s best to have documentation from your local VA and military healthcare provider of any injury you may have obtained while in the military and current documentation from civilian healthcare providers to establish the timeline and origin of injuries. When searching for medical documents from your military service, contact a Veteran Service Officer (VSO), who will compile and provide any necessary documentation. From here, you can prove that your injury is a workplace one.
Can You Receive Both VA Benefits and Workers’ Comp?
If you are a veteran who received an injury while serving, you can receive VA benefits to compensate you for any medical bills or income lost because of the injury. However, if you get injured while working a civilian job, you can also receive workers’ compensation benefits on top of VA benefits. That said, complications can arise if your injury while in service worsens due to your civilian job. In this case, the VA and your workplace will scrutinize how your job worsened your condition.
To avoid receiving a denial of benefits from either your employer or the VA, keep thorough documentation with medical professionals about your injury and seek legal counsel.
Can You Receive Worker’s Compensation For Mental Health Injuries?
Unfortunately, many veterans experience mental health conditions when returning home from their service. In one survey of veterans who serviced from 2001 to 2010, 28% reported experiencing a mental health condition, whether it be post-traumatic stress disorder, anxiety, depression, or multiple diagnoses.
For PTSD, in particular, it can be challenging to go about civilian work-life with these conditions when specific actions can trigger PTSD symptoms. It’s even more complicated when specific work environments make mental health conditions worse. In this latter scenario, you can receive workers’ compensation benefits, as many states recognize mental health conditions as work-related injuries.
The Claims Process For Mental Health Injuries
To receive workers’ compensation benefits for mental health conditions, you must prove that the workplace worsened or triggered the mental health injury. This may include the following scenarios:
- High-stress environments: If your work environment involves constant pressure, deadlines, and life-threatening situations, it can exacerbate PTSD and anxiety.
- Exposure to triggering events: If you are exposed to loud noises with little preparation at work, it can worsen your PTSD symptoms.
- Lack of support: If your employer and fellow employees don’t acknowledge and accommodate your mental health conditions, your mental health may worsen.
Even if veterans go through these scenarios, they may experience some challenges when processing a claim. For one, they may be hesitant even to acknowledge they have a mental health condition, as veterans are more likely to experience a stigma for having one than any other demographic in the United States. Even if they acknowledge the condition, it can be difficult to record that their workplace was the cause of their worsened condition rather than their service. Employers may be utterly oblivious to how their workplace can worsen the mental health of their employees.
However, if you are suffering due to your mental health condition, don’t suffer in silence. Filing a workers’ compensation claim is the first step in advocating for your mental health. As with any other workers’ compensation claim, you should provide medical documentation of your mental health condition, which may involve a diagnosis and proof of any therapy or medical treatment you’ve received since the diagnosis. From here, your employer will be liable to compensate you for any emotional damage you experienced and make changes around the workplace to accommodate you and other employees in similar situations.
Even though veterans may be more likely to experience an injury in their lifetime—either in service or in a civilian work environment—they have protections in place. As long as they know their rights and seek the right legal assistance, they can receive compensation for any hardship they experience.
Resources for Veteran Workers
Use some of these resources if you’re a veteran and need help navigating workers’ compensation, employment, and other issues.
Government Resources
- Department of Veterans Affairs (VA) employment resources: The VA offers medical resources for veterans and vocational rehabilitation, which includes a job search tool to help you find the right job and ways to boost your resume.
- Department of Labor (DOL) Veterans’ Employment and Training Service (VETS): The Department of Labor has a specific division dedicated to veterans, offering training and other educational opportunities to help veterans transition and find new jobs.
Nonprofit and Community Organizations
- Disabled American Veterans (DAV): The DAV is an organization that provides assistance to veterans, especially veterans with disabilities and their families, in navigating the VA, transitioning into civilian life, and obtaining a new job.
- Veterans of Foreign Wars (VFW): This non-profit aims to advocate for veterans in legislation and assist veterans financially if they experience an injury while serving or working.
- National Veterans Foundation: This foundation is the first veteran-specific hotline that former military members can use to talk to a fellow veteran for help — whether to connect to employment assistance or mental health resources.
- Hire Heroes USA: A non-profit that offers job search support through personalized counseling.
Legal Assistance for Veterans
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- Request Legal Help: Request Legal Help provides legal aid to veterans who may experience workplace injury, discrimination, or any other legal concern.
- The Veterans Consortium: This organization provides pro bono legal assistance to veterans who may lack the funds to fund an attorney.
- National Veterans Legal Services Program (NVLSP): The NVLSP is a non-profit that aims to assist veterans and connect them with the benefits they deserve.
- American Bar Association’s Military Pro Bono Project: This pro bono project specializes in legal issues affecting veterans, current service members, and their families.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
