In an Injury Claim, the Burden of Proof is on the Employee – But What Does That Mean?


Workers’ compensation differs from state to state in the United States of America. However, the main features are the same in every area. If you are unfortunate enough to have endured a personal loss or injury at your work area, you have to be able to show that it was due to your employer’s negligence that the injury or loss occurred. Only then you could successfully manage a work accident claim against your employer for damages. The benefits that could be received by the employee include career rehabilitation benefits, cash benefits, and benefits to the employee’s dependents (this is only in the case of the death of the employee). However, it must be remembered that as per the rules, you have to make the injury claim within 3 years of the accident, otherwise no awards can be reaped.

If in your workplace, you have faced an injury due to the lack of safety measures taken by your employer, contractor or property manager; then you have to prove that the aforementioned have failed to implement the standards set by the US Department of Labor Occupational Safety and Health Administration (OSHA). If they have not implemented the OSHA regulations, first you should seek medical attention immediately. After receiving treatment, your injury should be reported in writing to your employer while keeping a copy for yourself. Keep the medical records safe so that they can be produced in court if necessary. At this point, you might want to consider contacting an attorney experienced in injury claims so that you can learn more about what you can do legally. This kind of injury is generally subject to the compensation regulation. This can in fact preclude the rights of a worker to file an injury claim against those responsible for the injury.

There is a considerable difference between a personal injury claim and worker’s compensation claim. The latter is a form of required insurance that provides an amount of benefits that have been predetermined. This is provided to workers no matter how the work related injury was caused or who was responsible. The compensation program for workers includes coverage for medical care, permanent or temporary disability and vocational rehabilitation. Most laws in the worker’s compensation have a limit on the amount of money that the employee can get from their employers. This also prohibits injured workers to file a case against their employers as the worker’s compensation is meant as a substitute for expensive lawsuits against employers at fault. Unless a third party was responsible for your injuries, such as the manufacturer of any faulty good, this worker’s compensation will be your only reimbursement for a work related injury.

It is the employer’s statuary duty to make sure that he or she protects his or her employees. Not only does the employer have to make predictions regarding the chances of the employees getting injured, the employer also has to make an estimate of the costs of placing safety precautions.

There are certain awards that an employee can be granted if he or she has been injured during an accident at work. The financial losses that occurred because of this accident, due to the negligence of the employer (the breach of his/her duty), makes up for an award that is known as “special damages”. On the other hand, all wounds or damages sustained by the employee make up for an award that is known as “general damages”.

All things said, the injured employee has to be able to prove to the court that their employer did in fact fail to take care of them, which resulted in the incidents that caused further damage.

Reply to this Article