Does the Burden of Proof Affect My Workers’ Comp Claim?


The law entitles you to receive workers’ compensation after sustaining work-related injuries. You only have to file a claim against your employer and go through settlements or trials to receive the benefits.

However, your employer’s party may also dispute your claim by proving you don’t deserve the compensation. This makes your case more challenging as you will have the burden of proof to prove to win the benefits.

You thus probably wonder what the burden of proof is and how it can affect your case.

What are the points you have to prove to receive your deserved benefits?

Read on and know more about the burden of proof in a workers’ comp lawsuit.

Understanding the Burden of Proof in a Workers’ Compensation Case

The burden of evidence revolves around the involved parties’ legal responsibilities to prove vital facts surrounding their claim.

In typical injury lawsuits, plaintiffs should prove they sustained injuries because of an at-fault party’s negligence. In your workers’ compensation lawsuit, however, you only have to prove you got injured while performing work-related activities.

You don’t need to prove your employer’s negligence, as workers’ comp is a no-fault system. So, you may receive benefits for any work-related injury even if your employer didn’t commit a negligent action that triggered the accident.

However, your employer and their insurance provider may dispute your claim by raising crucial points that could damage your case, like claiming :

  • You were not performing work-related activities during the accident
  • You sustained injuries for not following safety workplace protocols
  • You were intoxicated at the time of the accident

These points could prevent you from receiving compensation, as they could prove your injuries were not work-related or resulted from your negligence. They could then deny your case or reduce your compensation.

You should, thus, collect more evidence and hire a Glendale workers’ compensation lawyer to support your claim.

Proving Facts in Your Workers’ Compensation Lawsuit


Efficiently handling the burden of proof helps you win a case. And you may lose if you can’t establish the crucial facts surrounding your lawsuit.

So, remember these points to prove vital facts about your case:

  • Immediately consult a doctor within 48 hours after the workplace accident. The physician will check your condition and create a medical report you can use as solid evidence. Don’t delay the check-up as it could cause the insurance provider to suspect you got your injury outside the workplace.
  • Honestly, tell your doctor about how you sustained your workplace injury. They can verify that a workplace factor has caused your medical condition, which is vital for your workers’ comp lawsuit.
  • Collect all medical documents like medical reports, diagnoses, bills, and prescriptions. These documents can establish the extent of your injury and your medical expenses, which are essential for determining your deserved amount.
  • Gather additional evidence to prove you got your injury at work, like video footage and pictures. You may also collect statements from your coworkers who witnessed the workplace accident.
  • Submit a written report to your employer within 30 days after the accident. Inform them about the accident and the injuries sustained.
  • Consult a Glendale workers’ compensation lawyer to defend your claim in settlements or trials. A legal representative has sufficient skills to protect your claim from the insurance provider.

Hire a Workers’ Compensation Attorney in Glendale to Support Your Benefits Claim

The burden of proof can affect your case depending on how you use the facts surrounding your claim. Efficiently handling the burden of proof helps protect your claim and win your deserved compensation.

Hiring a Glendale workers’ compensation lawyer helps you professionally prove vital facts about your case and handle disputes for the best outcomes.

Scroll to top