As a general rule, injured workers in California can obtain workers’ compensation benefits if they can prove that their injury occurred within the course and scope of their employment. The “duty-belt” presumption is a specialized provision that flips the burden of proof in certain workers’ compensation claims involving first responders. Under California Labor Code § […]
The burden of proof matters in any legal case. It determines who has the obligation to provide evidence in a claim. In California, the burden of proof for a workers’ compensation claim generally rests on the injured worker. They have the responsibility to prove the following: However, the burden of proof flips in certain cases […]
In California, workers are entitled to ‘no-fault’ benefits for job-related injuries. In filing a workers’ compensation claim, it is generally an employee’s responsibility to prove that their injuries are connected to their employment. However, in limited circumstances, California law shifts the burden of proof in the other direction—ruling that certain injuries for certain workers are […]
