Most days, you wake up and start getting ready for work without a thought of what could happen while you are there. We are referring to an on-the-job injury that could change your life – at least for the immediate future. When bad things happen at work, and employees get hurt, SC Worker’s Compensation Laws protect their rights. That’s in a perfect world. On occasion, a wrench gets thrown into the works and employees may have a tough time getting the compensation they are due. When that happens, an experienced and proficient legal team can help defend the rights of the injured person and get them the compensation they deserve.
To substantiate your company’s liability for damages in a workers’ compensation case, you may be required to deal with something called “burden of proof”. If it gets to this, don’t wait another second to hire an attorney. The knowledgeable representatives at Cardinal Law Partners can be of the utmost assistance in instances such as this.
Let’s take a closer look at burden of proof where workers’ compensation cases are concerned.
What is Burden of Proof
The obligation of one party to prove their case is referred to by a legal term known as “burden of proof”. The guilt of a defendant must be proven to a jury by the prosecutor, for example . The prosecutor has the burden of proof. In every legal case, either one party or the other will have burden of proof. But in a workers’ compensation case, who does that fall upon?
If, in a workers’ compensation case, an agreement cannot be reached between both parties (the injured employee and the company they work for) in order to fight for their benefits, the injured employee will likely have to have an administrative law judge review their case.
Understanding Burden of Proof
All of that said, it should come as no surprise that the injured worker ends up having to shoulder the burden of proof against their employer. They are, after all, the one seeking damages or reimbursement.
The injured worker:
- Must show their argument is correct by presenting evidence.
- To strengthen their case, can offer any evidence deemed appropriate.
- Can use evidence including but not limited to transcripts of depositions, medical records, pictures from the accident scene, witness testimony, etc.
It’s not up to the employer or the insurance company to prove that workers’ compensation is not deserved or required. Rather, it is up to the injured worker to prove that they are entitled to compensation. Unfortunately, even though this is the case, to prove that the company doesn’t owe the employee any compensation, insurance companies frequently present their own evidence. Depending on the circumstances, the insurance company, and the employer, this can get extremely heated.
Without a lawyer on your side, you could be shot down by an aggressive insurance company representative and forfeit all your workers’ compensation rights.
Why Should You Hire Cardinal Law Partners to Assist You with Your Workers’ Compensation Case?
One of the biggest and best reasons for having Cardinal Law Partners on your side during a workers’ compensation case is peace of mind. Both you and your loved ones can rest assured that we will do everything in our power to recover lost wages if work is missed, help you overcome the financial strains that make recovery difficult, and seek any required medical treatment you need. North Carolina Board certified attorneys comprise our team, each of them concerned with you – the client. You and your case are our top priority.
If you or a family member was injured in a work accident, contact Cardinal Law Partners now to schedule a free consultation with our workers’ compensation attorneys.