While workers’ compensation is generally the sole remedy that an injured worker has against their own employer, a company could face a serious and willful misconduct claim if gross negligence or an intentional safety violation caused that worker’s injury. This raises an important question: Is an employer still liable if an employee was responsible for […]
Category Archives: Serious and Willful
While a workers’ compensation claim is generally the exclusive legal remedy that an injured employee has against his or her own company, there is a notable exception to the rule: A serious and willful misconduct claim. An employer could face a big financial hit if a workplace injury happens because of serious and willful misconduct. […]
Following a job-related injury, a workers’ compensation claim is generally the sole legal remedy that an employee has against their own employer. However, in California, there is the big exception of the accident caused by “serious and willful” misconduct on the part of the employer. Under California Labor Code § 4553, an injured worker can […]
While a workers’ compensation claim is generally the sole legal remedy that injured workers have against their own employer in California, there is an exception for harm caused by “serious and willful misconduct.” An employer facing this type of claim may be weighing the risks of negotiating a settlement versus raising a zealous defense. In […]
Did you know that California’s workers’ compensation insurance system is the single largest privately administered social benefits system in the entire world? Our state also has one of the most complex and comprehensive workers’ compensation systems. For employers, claims administrators, and insurers navigating the process, there are many different circumstances in which they could benefit […]
A workers’ compensation claim is generally the sole remedy an injured employee has against his or her own company in California—but there are some exceptions. A serious and willful misconduct claim is a cause of action that an employee can take if they suffer an injury caused by an employer’s deliberate or egregiously reckless failure […]
Workers’ compensation insurance provides an important form of legal protection for companies and organizations. An employee cannot sue an employer for a job-related injury. However, a specialized section of California law (Labor Code § 4553) allows workers to seek additional damages from an employer if they were hurt due to “serious and willful” misconduct. The […]
Earlier this year, the Workers’ Compensation Appeals Board (WCAB) issued an instructive decision in the case of Ayala v. Department of Corrections and Rehabilitation/Lancaster State Prison. The Board found that it has the authority to increase IDL payments by 50% on the grounds of an employer’s serious and willful misconduct. Here, our Fresno workers’ compensation […]
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 […]
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 […]
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