It is always the injured worker’s responsibility to prove his claim. Most claimants do not understand that this is an adversary proceeding. This means that each party to the claim will fight to protect their financial interests. Your employer is looking out only for his best interests, not yours. Your employer has attorneys and representatives who will advocate for him. The Managed Care Organization who approves medical treatment in your claim is chosen by the Employer. And the BWC will try to limit compensation and medical treatment to protect their financial interests.
Employer negligence is not a factor in workers’ compensation because it is a “no fault” system. You only have to prove you were an employee and that you sustained an injury related to your work. You will need medical documentation showing the injury occurred at work and the body parts that were injured. If you lost time from work, you will need forms completed by your doctor indicating the period of time you cannot work.
That is why it is important for you to contact an experienced worker’s compensation lawyer to ensure that your claim is filed properly and you receive the maximum compensation and medical treatment that you deserve.