Harmed by an Employer’s Willful Misconduct?
Our South County Workers’ Comp Attorneys Pursue Serious and Willful Misconduct Claims
Workplace accidents frequently cause a wide variety of injuries and illnesses to employees. In rare cases, these accidents are unavoidable and not caused by the fault of any party. Most often, negligence by an employer or other party creates a dangerous situation that increases the likelihood of a serious accident. However, sometimes workplace accidents 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. California Labor Code Section 4563 was created to define these specific situations.
The law offices of Cramer & Martinez, LLP exist to protect citizens against poor management practices. When you feel as though your employer took advantage of your rights, you need the representation of qualified California workers’ comp attorneys to ensure that you have the opportunity to recover from your losses. To understand your rights and remedies, discuss your case with our legal professionals today.
What Is Serious and Willful Misconduct?
For an injured worker to prove that their employer is guilty of serious and willful misconduct, you and your workers’ comp attorney must clearly demonstrate at least one of the following:
- The employer violated one of California’s safety regulations that led to the injury, regardless of whether a citation was issued.
- The employer failed to correct a dangerous workplace condition that they knew existed and your injury was caused by the employer’s failure to act.
Employers and large corporations vigorously defend against claims involving serious and willful misconduct. Thus, they can be extremely complex and difficult to prove. This is why it is imperative to seek the advice of an experienced attorney. If it is proven that an employer has engaged in serious and willful misconduct, then the injured worker can recover damages from the employer and up to a 50 percent increase in workers’ comp benefits. Your employer’s workers’ compensation insurance will not cover additional awards like this, which means the company will be responsible for paying these damages directly.
How Do I File a Claim for Serious and Willful Misconduct?
The penalties for serious and willful misconduct are steep. Therefore, California law sets a high standard for these claims. Usually, you can only file such a claim if your employer did something illegal or grossly negligent. For example, failure to provide safety equipment on dangerous job sites, such as construction sites, may be grossly negligent.
To avoid loss of assets and public defamation, an employer will attempt to avoid being charged with serious and willful misconduct. Your employer may fight to show that the conditions that they were providing for their employees are up to code and they were not displaying extreme negligence. Therefore, you should always consult with an attorney if you believe that “serious and willful misconduct” may apply in your situation.
As an employee, you are covered under workers’ compensation law, even if you are partially liable for the accident. This is true as long as your employer cannot prove that your actions rise to the level of willful misconduct. However, it is important to understand that you may have to fight to get your entitled benefits. An experienced California work injury attorney can help
CA Workers’ Comp Attorneys Protect Your Workplace Rights in Gilroy, Hollister, Morgan Hill, and San Martin
If you believe that you have been hurt due to the serious and willful misconduct of your employer, then please contact one of our highly knowledgeable workplace injury attorneys to have your case promptly evaluated.
Our experienced attorneys will evaluate your claim and develop a comprehensive and compelling case. If applicable, then we can help you pursue additional damages for your employer’s serious or willful misconduct. Our legal team includes Spanish speakers to assist as many people as possible. Call (408) 763-8336 to schedule a free initial consultation or contact us online.