When an employee files a claim, it is on the employee to prove to the judge that they have a good claim. The employee who files a workers' compensation claim has the responsibility to prove the following:
- The worker was an employee of the employer on the date of the accident;
- The employee was injured or exposed to a disease because of their employment;
- The injury was caused by or made worse by the incident; and
- The employee notified the employer within the correct time limits.
If the employee proves all of these, they will usually receive some benefit. But the employer can still argue other things, such as the extent of the injury, the average weekly wage amount, or the medical necessity of treatment.
Updated: August 2017