In Virginia workers compensation cases, the injured worker bears the burden of proof; meaning that you must prove to the insurance company and/or the Virginia Workers’ Compensation Commission that your injuries are a result of your work place accident. It is up to the injured worker to show that timely notice of the injury was given to the employer and to prove that the accident caused your injury and disability.
If the doctor says your injuries “probably” came from the work accident, this statement is not enough to meet the workers compensation burden of proof in Virginia. A doctor has to give a statement of “causation,” meaning that the doctor has to be willing and able to relate your injury(ies) directly to your work place accident. “Probably” is a term that is open to interpretation and can cast doubt on the relationship between the injury(ies) and how they are related to the work accident. The doctor’s statement of causation needs to be direct and concise about how the injuries are related to the work place accident.
This standard is another reason I always recommend speaking to an experienced workers compensation attorney about your claim before going to a hearing. If the burden of proof standards are not met by an injured worker, they will not be successful in obtaining workers compensation benefits at a hearing in Virginia.
The Injured Workers Law Firm is focused on serving clients with workers’ compensation claims throughout Virginia.For answers to your questions about benefits download our book, The Ultimate Guide to Workers’ Compensation in Virginia or call our office today (804) 755-7755. The Injured Workers Law Firm, serving Fredericksburg, Virginia Beach, Manassas, Charlottesville, Fairfax, Hampton Roads and all of Virginia.