Let South County’s Premiere Work Injury Law Firm Pursue Your Serious and Willful Misconduct Claims
Workplace accidents frequently occur that cause a wide variety of injuries and illnesses. Sometimes these accidents are unavoidable and not caused by the fault of any party. However, other times they are easily preventable and happen as the result of an employer’s act or omission that rises to the level of serious and willful misconduct as defined by California Labor Code Section 4563. To understand your rights and remedies, discuss your case with a knowledgeable attorney at the law offices of Robbins, Strunk & Cramer .
Proving a Claim of Serious and Willful Misconduct
In order for an injured worker to prove that their employer is guilty of serious and willful misconduct, they must clearly demonstrate one of the following:
- The employer failed to correct a dangerous workplace condition that they knew existed, and the worker’s injury was caused by the employer’s failure to act on the hazardous condition; or
- The employer violated one of California’s safety regulations that led to the injury, regardless of whether a citation was issued
Claims involving serious and willful misconduct are vigorously defended by employers and can be extremely complex and difficult to prove, so seeking the advice of an experienced attorney is imperative.
If it is proven that an employer has engaged in serious and willful misconduct under California Labor Code Section 4563, the injured worker can recover damages from the employer and up to a 50% increase in workers’ comp benefits.
South County Workers’ Compensation Attorneys Protecting Your Workplace Injury Rights in Gilroy, Hollister, Morgan Hill, and San Martin
If you believe that you’ve been hurt due to the serious and willful misconduct of your employer, please contact one of our highly knowledgeable workplace injury attorneys to have your case promptly evaluated. Schedule a free initial consultation to understand your rights and the relief you may be entitled to.
Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers compensation benefits or payments is guilty of a felony.