White Paper
Burden of Proof: Unpacking Presumptions in Workers’ Comp
White Paper Summary
Under most state workers’ compensation laws, “ordinary diseases of life” – those to which the general public is equally exposed – are not compensable. In these cases, the burden of proof is on the employee to prove that a disease or injury claim is related to their job.
However, in the last decade the industry has seen a wave of presumption laws, which shift that burden of proof from the employee to the employer. While these have traditionally focused on specific occupations with unique work conditions, such as first responders, we have recently seen proposed and enacted legislation that expands presumptions to new occupations and conditions.
As more legislation is introduced, presumption laws will continue to change and expand. Let’s look at the latest presumptions in workers’ comp and the workers who are impacted.
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