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 […]
Category Archives: Duty-Belt Presumption
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 […]