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The Burden Of Proof In Your Vermont Workers Compensation Claim: Some Crucial Things You Need To Know


In any legal matter, the party bringing the case is required to satisfy a burden of proof. This means that in a workers’ compensation claim, the injured employee is required to meet the burden of proof. In other words, when you file your Vermont workers’ compensation claim, your employer is not required to prove that your claims are untrue; instead, you must prove that your claims are true. Even if you suffered a severe or permanent injury, it is still up to you to prove that your claims are true. Fortunately, a workers’ compensation attorney can help you prove your case, so you don’t have to strain while recovering. An attorney can help you gather evidence that can help you meet your burden of proof while you focus on healing.

What Is the Burden of Proof in Workers’ Compensation Cases?

There are three burdens of proof. These are by the preponderance of the evidence, by clear and convincing evidence, and beyond a reasonable doubt. Beyond a reasonable doubt is the highest standard of proof and is only used in criminal cases. “By the preponderance of the evidence” is the evidentiary standard applied to most civil cases. Under this evidentiary standard, the party with the burden is supposed to show that there is a more than 50% chance that their claim is true. As an injured worker, if you can prove there is at least a 51% chance that you suffered your injury while on the job, your employer’s insurance company should pay you workers’ compensation benefits.

Workers’ Compensation Is a No-fault System

The Vermont workers’ compensation system is a no-fault system. Because of this, after filing your workers’ compensation claim, you don’t have to worry about proving that your employer is responsible for your work-related injury. You also don’t have to worry about proving that you did not do anything that contributed to you sustaining your injury.

The Burden of Proof Can Shift to an Employer

If an employer raises one or more of the available defenses allowed under the Vermont workers’ compensation law, the burden of proof shifts to them. According to Vermont workers’ compensation law, an employer can attempt to prove the following defenses;

  • The injury was self-inflicted
  • The employee suffered the injury due to intoxication
  • The employee suffered the injury because they failed to use a safety appliance provided for their use

How To Meet Your Burden of Proof in a Vermont Workers’ Compensation Claim

Various types of evidence are available to help you meet your burden of proof in your Vermont workers’ compensation claim. For instance, you can present medical records, pictures and videos of the accident scene, and witness testimony to prove that you suffered your injury while on the job. It can be daunting to gather and present evidence, but the good news is that a skilled attorney can help you. An attorney can help you gather evidence that proves hard for you to lay your hands on, such as witness testimony, and present evidence in the best way possible.

Contact a Vermont Workers’ Compensation Attorney

Our qualified Vermont workers’ compensation attorney at Sluka Law PLC is ready to help you with your workers’ compensation claim. We can help you gather the evidence you need to meet your burden of proof and handle the presentation of the evidence while you focus on recovering.


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