Burden Of Proof In A Pa. Work Injury Claim- Workers Compensation

Date: September 30, 2014
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To meet the burden of proof in a Pennsylvania workers compensation case, the injured party needs to prove, among other things, that he or she was an employee in the course and scope of employment when the injury occurred.
To establish an employment reationship, one must show:
•That the alleged employer had the right to select the employee
•That the alleged employer had the right and power to remove the employee
•That the alleged employer had the power to direct the manner of the work performance
•That the allged employer had the potential power to control the employee

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.