A protected work environment is a type of job setting where a veteran is not expected to meet the usual standards of productivity, attendance, or performance required in most jobs. These environments often include special accommodations and allow the veteran to keep working despite serious limitations caused by their service-connected disabilities.

A protected work environment generally includes:

• Working for family or friends

• Jobs where the veteran is shielded from discipline or termination

• Situations where performance expectations are reduced

• Work that includes extra accommodations not typically offered to other employees

• Special Accommodations: The employer goes above and beyond standard ADA accommodations to retain the veteran.

• Shield from Competition: The veteran's job is somewhat protected from the competitive pressures of the open labor market.

• Lower-Income Position: While the veteran may earn above the poverty threshold, their income is typically lower than what someone in a similar role without disabilities would earn.

• Individual Circumstances: The VA considers the veteran's specific disability, the job's requirements, and the accommodations provided when determining if a work environment is protected

• Not Necessarily Sheltered: Simply receiving ADA accommodations doesn't automatically mean the job is protected. The accommodations need to be more extensive.

• Family-owned businesses: Family members may offer more flexibility and understanding regarding a veteran's disabilities.

• Jobs with flexible schedules: A veteran with PTSD might have a flexible schedule to accommodate sleep issues.

• Jobs with reduced productivity: A veteran with a TBI might be allowed to produce less than other employees, but still receive the same pay.

• Jobs with excused absences: A veteran might be allowed to miss work or take extended leave without penalty.

Note: These examples are not exhaustive. There is no strict rulebook for what qualifies as a protected work environment. Each case is fact-specific.

The concept of a protected work environment is particularly relevant to veterans seeking Total Disability based on Individual Unemployability (TDIU) benefits. If a veteran is working in a protected environment, it can be argued that their disabilities prevent them from securing substantially gainful employment in the open market.

The VA determines whether a work environment is protected on a case-by-case basis. Veterans should provide evidence of their disabilities, the accommodations they receive, and how their work environment differs from typical employment. A VA-accredited representative can help gather the right evidence and advocate for your situation to be properly evaluated. We have attorney’s and representatives here at Greene & Marusak that can help you out with this.

Give us a call at (844) 483-8737