this aspect of the case. However, the employer, their insurance company and lawyers can present evidence to “rebut the presumption.”
Usually the injured worker’s lawyer has the legal “burden of proof.” That is to say, the claimant’s side has to prove every element of their claim and the defense does not have to put on any evidence if they choose not to do so ! Yet in the instance of an on the job death at or near the workplace at a time the employee was expected to be working, the law shifts the “burden of proof” from the survivors to the company. Likewise, Herndon workers compensation lawyer Doug Landau hopes that the newly proposed legislation (see today’s earlier post), by shifting the burden of proof from the brain damaged worker to the insurance company, will prevent unjust results whe the worker’s head injury or brain trauma renders their memory such that they cannot recollect the details of their accident. BY adopting this presumption, the legislators behind the law intend that some of the most badly injured workers in Virginia will get the medical care, rehabilitative services and workers compensation benefits they so desperately need to survive. If you or someone you know or care for has been injured as the result of an on the job accident, or sustained a head or brain injury while working, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as their time limits to these cases that can short circuit even the most serious head injury and permanent disability cases.