Who Bears the Burden of Proof in a Virginia Workers’ Compensation Benefits Case?

by | December 22nd, 2014

When workers in the Commonwealth of Virginia are injured on the job, they may be entitled to receive workers’ compensation benefits, but it’s important to remember that claimants bear the burden of proving their condition is the result of an injury they sustained while working.

Take the case of a woman who was seeking Virginia workers’ compensation benefits after suffering a slip and fall accident while employed by a national retailer. She suffered broken bones as a result of the fall, which required her to undergo corrective surgery.

The costs associated with her treatment and lost wages added up, so she applied for Virginia workers’ compensation benefits; however, the claim was denied on the grounds the woman “failed to meet her burden of establishing that her injury arose out of her employment”.

According to reports from Business Insurance, the decision was later overturned in an appeal claiming the burden of proof was never met. That ruling was later overturned after a panel of judges found “workplace hazards” were to blame for the accident.

This particular case highlights the complexities of the Virginia workers’ compensation benefits system as well as the need to have qualified legal representation by your side when filing for such benefits.

At Lowell Stanley Injury Lawyers, we have a team of Norfolk personal injury attorneys that will not only help you understand the legalities of your case, but will also advocate on your behalf in court. To learn more about how we can help if you’ve been injured on the job, call us at (757) 459-CASH.