Workers' compensation is designed to provide financial support to employees who suffer work-related injuries and illnesses. In some cases, though, employers or insurance companies might dispute a claim in order to avoid having to provide such compensation.

In these cases, it is the claimant's responsibility to prove that their claim is legitimate and should be honored. A workers' comp attorney can help you with the burden of proof.

What Is the Burden of Proof?

The burden of proof is the responsibility to prove that a claim or accusation is true. In the context of workers' compensation claims, this means that it is the employee's responsibility to prove their claim is valid. This means that the claimant must prove their case is more likely true than not true.

Prove the Nature of the Injury or Illness

The burden of proof requires the claimant to prove that their injury or illness is work-related. To do this, claimants must present evidence such as medical records, employment records, and testimony from witnesses. This evidence must demonstrate that the injury or illness is related to their work activities.

The claimant also has to prove that their injury or illness is severe enough to have an effect on their quality of life or ability to work. Medical records will be especially helpful in making these claims.

Prove the Causal Relationship

Claimants must also prove that it is causally related to their work activities. That means the claimant must provide evidence that the work activities were a direct cause of the injury or illness.

This can be done through medical records, witness testimony, and other evidence that shows the work activities caused the injury or illness. The claimant must also show that no other factors, such as pre-existing conditions or other activities, contributed to the injury or illness.

Prove You Met Reporting Requirements

In addition to proving the nature and cause of the injury or illness, claimants must also prove that they met all reporting requirements.

This means proving that they reported the incident in a timely manner, followed all instructions from their employer or health care provider, and adhered to other legal requirements.

How a Workers' Compensation Attorney Can Help You

The burden of proof can be difficult to meet without the help of an experienced workers' compensation attorney. A lawyer can help you gather evidence, build a strong case, and present your claim in the most effective way.

Contact a workers' compensation law firm for more information. 

Share