Not All Claims Are Created Equal

The United States Constitution’s statement that "all men are created equal" is one of the basic principles of our country. Yet, in the world of workers’ compensation, all claims are not equal. Under all workers’ compensation statutes, the employee has the burden to prove that their condition "arose out of employment." In other words, the employee must show that work caused the injury or condition for which they seek benefits. Currently, however, 43 states have some type of workers’ compensation presumption law for first responders (like police, firefighters and EMTs).