California Labor Code Section 4553
California LC Section 4553 states that an employer whose serious and willful misconduct resulted in a worker’s on-the-job injuries can be held legally responsible—or liable—for those injuries in court. Employers found liable for employee injuries under this law can face severe financial penalties that cannot be shifted to other sources (such as insurance carriers).
The Toll Of Facing Serious & Willful Misconduct Accusations
By state law, any employer liable for their worker’s injury under LC Section 4553 can be compelled to pay an amount equal to half of the employee’s total workers’ compensation benefits. Depending on the extent of the injuries, this amount could add up quickly, resulting in serious financial strain and possibly the prospect of the dissolution of the company for the employer. These financial penalties are set in stone—that is, a judge cannot make discretionary changes to the dollar amount to be paid out based on a unique set of circumstances. Either an employer is liable and must pay half the value of all benefits, or they are not liable and pay nothing.
Going To Trial VS. Settling Out Of Court
In some situations, it can be more beneficial for an employer to reach a settlement with an injured employee rather than going to trial. Because of the “all-or-nothing” nature of the serious and willful misconduct labor law, employers who would be forced to pay out large sums may be better off negotiating a settlement amount rather than going to trial and risking being found liable and being compelled to pay a higher amount. In cases where the allegations are flimsy, however, and where the employer is unlikely to be found liable, going to trial with a good defense attorney by your side can work out in the employer’s favor. In short, settling when an injured employee is likely to win is for the best, but when the employer is clearly not liable, going to trial may be the wisest course of action.
We Can Come To Your Defense – Call Today
If your employee or former employee is claiming that you are liable for their injuries due to misconduct on your part and you want to discuss your case with a serious and willful misconduct defense attorney in Riverside, the legal team at Sacks Law Group, APC is available for a consultation. We understand how allegations of misconduct can smear your company’s reputation, and we can advocate for you and your business in court, keeping you informed every step along the way. Contact us today for a case assessment.
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The workers’ compensation defense attorneys at our firm know how to build a strong wall of defense around employers, protecting California employers from frivolous and fraudulent workers’ compensation claims. Sacks Law Group, APC, is skilled at working with in-state and out-of-state employers on all workers’ compensation defense issues, particularly in the areas of:
Prior to any alleged injury or accident, we also counsel employers on ways to stay compliant with the ever-evolving California workers’ compensation laws. California employers benefit from our extensive experience and strong credentials when dealing with employee workers’ compensation fraud, as well as allegations of employer workers’ compensation fraud.