logologologo
  • (714) 547-5025
  • Workers’ Compensation
    • About Workers’ Compensation
    • What Is Workers’ Compensation?
    • What Does A Workers’ Compensation Attorney Do?
    • Types of Work Injuries
    • How Long Does a Workers’ Comp Case Take to Resolve in California?
    • When You Should Hire a Workers’ Compensation Attorney
    • Types Of Workers’ Compensation Benefits
    • How Workers’ Compensation Attorneys Get Paid
    • Do You Have a Workers’ Compensation Case?
    • Filing a Workers’ Comp Claim in California
    • Helping Injured California Workers
    • Have You Had a Career Ending Injury?
  • About
    • About Thomas F. Martin, PLC
    • Award Winning Workers’ Comp Lawyer
    • Fighting For Injured Workers’ Rights
    • Free Consultation
    • FAQs
    • News
  • Contact
logologologo
  • (714) 547-5025
  • Workers’ Compensation
    • About Workers’ Compensation
    • What Is Workers’ Compensation?
    • What Does A Workers’ Compensation Attorney Do?
    • Types of Work Injuries
    • How Long Does a Workers’ Comp Case Take to Resolve in California?
    • When You Should Hire a Workers’ Compensation Attorney
    • Types Of Workers’ Compensation Benefits
    • How Workers’ Compensation Attorneys Get Paid
    • Do You Have a Workers’ Compensation Case?
    • Filing a Workers’ Comp Claim in California
    • Helping Injured California Workers
    • Have You Had a Career Ending Injury?
  • About
    • About Thomas F. Martin, PLC
    • Award Winning Workers’ Comp Lawyer
    • Fighting For Injured Workers’ Rights
    • Free Consultation
    • FAQs
    • News
  • Contact
logologologo
  • (714) 547-5025
  • Workers’ Compensation
    • About Workers’ Compensation
    • What Is Workers’ Compensation?
    • What Does A Workers’ Compensation Attorney Do?
    • Types of Work Injuries
    • How Long Does a Workers’ Comp Case Take to Resolve in California?
    • When You Should Hire a Workers’ Compensation Attorney
    • Types Of Workers’ Compensation Benefits
    • How Workers’ Compensation Attorneys Get Paid
    • Do You Have a Workers’ Compensation Case?
    • Filing a Workers’ Comp Claim in California
    • Helping Injured California Workers
    • Have You Had a Career Ending Injury?
  • About
    • About Thomas F. Martin, PLC
    • Award Winning Workers’ Comp Lawyer
    • Fighting For Injured Workers’ Rights
    • Free Consultation
    • FAQs
    • News
  • Contact
  • (714) 547-5025
  • Workers’ Compensation
    • About Workers’ Compensation
    • What Is Workers’ Compensation?
    • What Does A Workers’ Compensation Attorney Do?
    • Types of Work Injuries
    • How Long Does a Workers’ Comp Case Take to Resolve in California?
    • When You Should Hire a Workers’ Compensation Attorney
    • Types Of Workers’ Compensation Benefits
    • How Workers’ Compensation Attorneys Get Paid
    • Do You Have a Workers’ Compensation Case?
    • Filing a Workers’ Comp Claim in California
    • Helping Injured California Workers
    • Have You Had a Career Ending Injury?
  • About
    • About Thomas F. Martin, PLC
    • Award Winning Workers’ Comp Lawyer
    • Fighting For Injured Workers’ Rights
    • Free Consultation
    • FAQs
    • News
  • Contact
by Thomas F. Martin
Workers' CompensationAugust 8, 20230 comments

Understanding Workers’ Compensation Cases: The Legal Standard of Proof

Introduction:

When an employee gets injured at work or becomes sick due to work conditions, they may be entitled to workers’ compensation benefits. However, receiving these benefits requires meeting a specific legal standard of proof. In this blog, we’ll explore what the legal standard to prove a workers’ compensation case entails, helping you understand the key aspects in simpler terms.

What is the Legal Standard of Proof?

The legal standard of proof is like a rule that helps determine if someone’s claim meets the requirements of the law. In a workers’ compensation case, the injured employee needs to provide evidence that proves it is more likely that not their injury or illness is work-related. It’s not enough to just say an injury or condition was caused by work, they must prove it to the standard of the law in order to receive the workers compensation benefits they are entitled to.

Types of Legal Standards:

In workers’ compensation cases, the legal standard the court uses is known as “preponderance of the evidence.” This standard requires the employee to show that their injury or illness is more likely to have happened because of work, rather than some other reason. It doesn’t have to be 100% certain, but the evidence should show that it is more probable than not – over a 50% chance.

Gathering Evidence:

To meet the preponderance of the evidence standard, the injured employee and their attorney may need to collect various types of evidence, such as:

  1. Medical Records: Medical reports and records from doctors that explain the injury or illness and connect it to work activities.
  2. Witness Statements: Statements from co-workers, supervisors, or others who saw the incident or can verify the work-related conditions.
  3. Work History: Information about the employee’s job duties and how the injury relates to their work tasks.
  4. Expert Opinions: Sometimes, experts in specific fields may be needed to provide opinions on the work-relatedness of the injury or illness.

Showing Causation:

One essential element in workers’ compensation cases is “causation.” This means that the injury or illness was caused OR INFLUENCED by work-related activities and not by something unrelated to work. The evidence presented should clearly establish this connection.

The Burden of Proof:

In workers’ compensation cases, the burden of proof lies with the injured employee. It means they have the responsibility to gather and present the evidence needed to show that their injury or illness is work-related.

Conclusion:

Proving a workers’ compensation case involves meeting the legal standard of “preponderance of the evidence.” This requires providing convincing proof that the injury or illness is more likely to have happened because of work activities. To achieve this, gathering and presenting relevant evidence, like medical records and witness statements, is essential. By understanding the legal standard and working with a qualified attorney, injured employees can increase their chances of receiving the benefits they rightfully deserve.

If you need help with a work injury claim in Orange County, choosing a skilled attorney like Thomas F. Martin is crucial to ensure you receive all the benefits you deserve. Call 714-547-5025 or contact us online to schedule a free and private consultation.

Tags:
Worker’s Compensation worker’s compensation benefits Workers comp lawyer
Workers' Compensation: What You Need to KnowPrev
Understanding Permanent Disability: Insights from a Workers' Compensation LawyerNext

Latest Posts

by Thomas F. Martin

Does Workers’ Comp in California Cover Pre-Existing Injuries?

If you have a pre-existing medical condition, you might wonder whether you can still file a workers’ compensation claim in California. The short answer is...

Does Workers’ Comp in California Cover Pre-Existing Injuries?

NewsMay 20, 2025
by Thomas F. Martin

What to Do If Your Employer Doesn’t Have Workers’ Comp Insurance in California

If you’ve been hurt at work and found out your employer doesn’t carry workers’ compensation insurance, you’re not alone—and you still have legal...

What to Do If Your Employer Doesn’t Have Workers’ Comp Insurance in California

NewsMay 15, 2025
by Thomas F. Martin

Understanding Workers’ Comp in Orange County in 2025

Workers’ compensation is an essential system designed to protect employees who are injured on the job. If you live or work in Orange County, it’s important...

Understanding Workers’ Comp in Orange County in 2025

NewsMay 13, 2025

Quick Links

  • Home
  • About
  • Explore
  • FAQs
  • Blog
  • Contact
  • Orange, CA
  • Santa Ana, CA
  • Anaheim, CA
  • Garden Grove, CA
  • Chino Hills, CA
  • Tustin, CA
  • Yorba Linda, CA
  • Brea, CA
  • Irvine, CA

Address

2107 North Broadway
Suite 206
Santa Ana, CA 92706

Phone

714-547-5025

Find Us

The information appearing on this website are provided for informational purposes only, and do not constitute legal advice or opinions. Transmission or receipt of any information through this website shall not create or establish an attorney-client relationship, and do not act or rely upon any information appearing on this website without seeking specific and competent legal advice from an attorney. Laws are constantly changing, and the information appearing on this website may be outdated and inapplicable to your circumstances and are not guaranteed.

 

Testimonials found on this website are actual past client reviews of Thomas F. Martin PLC. We appreciate our clients and their willingness to share their experiences. Please keep in mind that these results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

DO NOT SEND CONFIDENTIAL INFORMATION THROUGH THIS WEBSITE since an attorney-client relationship will only be established by a written retainer of Thomas F Martin PLC, and in no other way. Each case is unique, therefore testimonials and endorsements do not constitute a guarantee, warranty or prediction regarding the outcome of your potential case. Required Notice: "Making a false or fraudulent worker's compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine".