Category Archives: S & W

HOW TO DEFEND SERIOUS AND WILLFUL MISCONDUCT CLAIMS IN CALIFORNIA (BE READY FOR THESE TWO EMPLOYEE ARGUMENTS)

A no-fault workers’ compensation case is typically the only remedy that an injured worker has against an employer. However, under California Labor Code § 4553, there is an exception for cases in which an employee is injured due to “serious and willful misconduct” by an employer. Employers found liable for serious and willful misconduct can […]

WCAB DENIES SERIOUS AND WILLFUL MISCONDUCT CLAIM FILED ON BEHALF OF MANAGEMENT EMPLOYEE KILLED DUE TO OWN NEGLIGENCE

In California, workers’ compensation is a sole legal option for injured employees. In effect, this means that someone hurt on the job generally cannot file a personal injury lawsuit directly against their employer. However, California Labor Code Section 4553 allows a worker to seek additional compensation if they were harmed because of “serious and willful […]

THREE STEPS EMPLOYERS CAN TAKE TO AVOID SERIOUS AND WILLFUL MISCONDUCT LIABILITY

A workers’ compensation claim is typically the exclusive remedy that an injured employee has against an employer. However, California Labor Code § 4553 provides an exception in cases of ‘serious and willful misconduct’ (S&W) by an employer. The general rule is that an employee’s total workers’ compensation award may be increased by as much as […]