OWCP and VA Benefits: When is an election between benefits required?
Many Federal Employees are also U.S. Veterans with a service-connected disability. What happens when a Veteran with a service-connected disability gets injured on the job - does he/she have to give up the OWCP or VA benefits?
Generally speaking, you can collect both benefits at the same time, as along as the two injuries are completely separate, unless…
- the on-the-job injury (or, god forbid, death) results from an injury that the VA has held was service-connected; or,
- when the VA gives a veteran an increased impairment rating due to an on-the-job injury
In the case of Number 2, your election will only be between the increased portion of the VA benefit and the OWCP benefit - not the whole VA benefit.
For example, say you injured your back lifting in the Army. The VA gives you a 30% disability rating. Later, you injure your back lifting heavy mail trays at work as a civilian employee with the Postal Service. You will be required to elect between the increase in VA benefits (30% to 70%) or the OWCP disability benefits. You will not have to elect as to the compensation for the first 30% rating by the VA.
The election between OWCP and VA benefits can be tricky, and can have significant repercussions if you don’t make the election. It is best to consult with a lawyer who is familiar with OWCP claims and/or a VA Benefits attorney or a Veterans Service Organization when making this decision.
No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.
