Burden of Proof in a Workers’ Compensation Case

In any legal matter, a burden of proof must be satisfied. Filing a claim for workers’ compensation in Pennsylvania is no exception. For any claim that is made, the injured worker must establish their right to wage loss and medical benefits. This is never the responsibility of the employer or the employer’s workers’ compensation insurer. This applies to initial claims, and any claim made for the reinstatement of benefits after wage loss benefits have been modified, suspended, or terminated.

The above is accomplished when the worker sufficiently proves the existence of a disability, and the connection between that disability and the injury that occurred at work. If the disability continues, the worker is also responsible for demonstrating proof of that. However, if the employer files a petition to modify, suspend, or terminate an employee’s benefits, the employer then bears the burden of proof to make the alteration.

An injured worker’s burden of proof includes:

  • Timely notice must be provided to your employer. This can be done verbally, but written proof is always more secure. This must be done within 120 days of the injury, and must be provided to a supervisor, foreman, manager, or company owner.
  • The injury must have occurred in the course and scope of your employment. Proof of this will require a doctor’s deposition, with the transcript submitted into evidence.
  • The injury had to occur while you were workingwith sufficient evidence. You must prove that you were working when the injury occurred, and you must provide proof of your wages at the time of your injury, your role at work, and your duties.
  • You must prove that your injury continues to cause disability. It is up to the claimant to prove that the injury they suffered at work remains sufficiently disabling to prevent you from returning to your work so that your benefits can continue.

There are many legal requirements and deadlines for filing a workers’ compensation claim in Pennsylvania. Filing it properly is essential to continue receiving medical care and income so that you can successfully manage the mounting medical bills and other everyday expenses. A qualified work injury attorney can help you to get it right the first time so no mistakes are made, and so there is no lapse in payment of benefits. Relieving yourself of this burden of proof allows you to concentrate on your healing and well-being.

Reading Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. Can Take on the Burden for You

Our legal team is dedicated to building a powerful case to ensure you receive the maximum benefits to which you are entitled. We offer compassionate, responsive service, and we work tirelessly to produce the best results. Call a seasoned Reading workers’ compensation lawyer at 888-PITT-LAW or contact us online for a free evaluation of your case.

The work injury attorneys at Larry Pitt & Associates, P.C. are proud to represent workers in Berks CountyBucks CountyChester CountyDelaware CountyMontgomery CountyPhiladelphia County and throughout Pennsylvania, including those in AbingtonAmblerArdmoreBala CynwydBensalemClifton HeightsCrum LynneDarbyDowningtownDoylestownDrexel HillEssingtonFolcroftGlenoldenHaverfordHavertownHolmesKutztownLansdowneMediaMerion StationMortonNarberthNorristownNorwoodPhiladelphiaProspect ParkQuakertownReadingRoxboroughSharon HillUpper DarbyWest Chester, and Wynnewood.



Larry Pitt

Larry Pitt

If you've been injured, Larry Pitt & Associates can provide you with the legal assistance and representation you need to ensure that justice is served. Get in touch today for a free consultation to discuss your case. Whether it’s a work injury, auto accident, medical malpractice, or any other injury-related matter, we are here to help make sure your rights and interests are respected. We understand the stress and frustration that can accompany an injury, and we are committed to providing thorough legal guidance and support throughout the entire process.