- January 4, 2022
- Workers' Compensation
The burden of proof refers to the requirement that the party bringing a lawsuit shows that all the facts needed to win a case are present and accurate. In other words, this refers to how well a party needs to prove its case to win. Without adequately showing that you have a concrete case, your claims would be rejected in court. This is why you must have an experienced Charlotte workers’ compensation lawyer to help you.
Does Burden of Proof Affect a Work Comp Claim?
Workers’ compensation claims are different from other personal injury cases as the requirements for starting legal proceedings are not much. In a workers’ compensation case, all the worker needs to do is prove that they sustained an injury while working. This injury must be an accident for the claim to have any weight.
However, unlike other personal injury cases, you do not need to prove that your employer acted negligently to cause your accident. As long as you mistakenly sustained an accident while working, you are free to make a workers’ compensation claim. As such, there is no burden of proof on you to prove your employer’s negligence.
Furthermore, like any injury claim, a party could either accept or reject responsibility for an accident. Where they take responsibility, the case can move forward with both parties looking for ways to settle the claim. However, that is not always the case. Often, there would be instances where an employer rejects responsibility for an accident that occurred while an employee was working.
When this happens, the burden of proof falls on the employee to prove that their injury qualifies for benefits. This can often be the beginning of a long process and would require the expertise of a workers’ compensation lawyer.
When Can an Employer Deny My Workers’ Compensation Claim?
A workers’ compensation claim is usually straightforward. An employee who has been injured while working makes a claim and receives the appropriate benefits. But this is not always the case. Sometimes, an employer would reject an employee’s claim, which would mean that the employee must prove that their claims are legitimate.
While you may feel hurt that your claim has been rejected, you must understand that your employer is not a philanthropist. Therefore, they would have a process for verifying that workers’ compensation claims are legitimate. A failure to do this could result in them paying compensation to people who do not deserve it. In this section, we take a look at some of the reasons they could make such decisions.
Inconsistent Testimonies
Employees who have been involved in accidents at work need to ensure that their account of the accident is consistent. What you say to the insurance company or your employer must be the same. If your employer discovers inconsistencies between what you say to them and what you say to other parties, they could reject your claim.
The Intoxication Defense
We have established that the most crucial thing in a workers’ compensation claim is proving that the accident occurred while working. However, if an employer argues that the employee was intoxicated before the accident, the compensation claim could be derailed. Keeping it on track would require that the employee prove that they were not intoxicated in the time leading up to the accident.
Filing a Claim After You Are Fired
You must file your claims as soon as you suffer a work injury. If you wait too long and get fired, the insurance company could claim it is part of a revenge plot.
If an employer rejects a workers’ compensation claim, the burden of proof is on them to establish the grounds for the rejection. If they are unable to substantiate their claim, they have no other choice than to accept your workers’ compensation claim.
Get Help From Workers’ Compensation Lawyers in Charlotte
Workers’ compensation cases are usually straightforward. However, in some cases, the employer could reject an employee’s claim. Typically, this would result in a long and drawn-out process that the employee cannot handle alone. Having a competent workers’ compensation lawyer working with you could be a huge boost. With their experience, they can ward off any attempts by your employer to discredit your claim.
Our Charlotte work comp lawyers have over a decade worth of experience working on workers’ compensation claims. We help you figure out the best strategies for your case. This would then free you up to focus on your recovery. We understand you may have questions about our services, so we offer a free initial consultation. Contact us today.
