California Workers’ Compensation – Serious and Willful Misconduct of the Employer

Serious and Willful misconduct in the context of California workers’ compensation law refers to a reckless act or omission by an employer with a disregard for the safety of an employee.

Under California law, if an employee is injured as a result of Serious and Willful Misconduct (S&W) on the part of the employer, the employee may be entitled to 50% additional compensation beyond what they would receive through traditional workers’ compensation benefits. This additional compensation is known as a serious and willful misconduct penalty.

In order to be entitled to potential S & W benefits, the worker ( or dependent(s) ) MUST a special applicant with the Workers Compensation court BEFORE the 1-year anniversary of the date of injury, or the S & W claim will be barred by the Statute of Limitations.

To establish a claim for serious and willful misconduct, the employee must show that the employer had a reckless disregard for the employee’s safety and that the act or omission was a substantial factor in causing the employee’s injury. Often, an expert witness is necessary to prove the S & W case.

Examples of serious and willful misconduct may include an employer’s intentional failure to provide safety equipment or training, intentional disregard of safety rules, or intentional removal of a safety guard from machinery.

If you believe that you have been injured as a result of serious and willful misconduct on the part of your employer, you should consider consulting with an experienced California workers’ compensation attorney to discuss your legal options. We can be reached at 714-547-5025.