What Is Serious & Willful Misconduct
Serious and willful misconduct is not clearly defined under the law. It is up to the Workers’ Compensation Appeals Board (WCAB) to determine whether or not an employer’s serious and willful misconduct paved the way for an employee’s injury. The WCAB investigates and reviews the case in order to find out if any acts of gross negligence on the part of the employer resulted in injury to the employee. Acts of gross negligence consist of actions (or failure to act) that would almost certainly pose a hazard and actions that a reasonable person would not engage in due to the risk to health and life that these actions would pose.
Penalties Employers May Face Under LC 4553
Employers face strict penalties if they are found liable for employee injuries under California LC 4553. They could have to pay out benefits above and beyond the cost of workers’ compensation benefits, up to half of the number of benefits awarded to the employee, and may be compelled by the courts to pay out further damages for pain and suffering. These penalties and fees can add up quickly, leaving a company in serious financial trouble after all is said and done.
Seek Legal Advice Early On To Better Your Chances
If you are an employer facing these allegations, you need to hire a workers’ compensation defense attorney right away to help protect your reputation and protect your business. Our attorneys can help defend you against these accusations in court and will work to negotiate a settlement or advocate for you at trial.
Serious & Willful Misconduct Defense In Santa Ana
Sacks Law Group, APC provides clients with a range of legal services related to workers’ compensation defense, including defense against serious & willful misconduct allegations made by an employee or former employee. Our attorneys know California labor laws and have extensive experience in applying that knowledge for their client’s benefit. We know that being accused of misconduct is a serious matter, and your company deserves the best defense against these allegations. Our offices serve clients located in Santa Ana or anywhere else in southern California, so contact us today for a consultation if you need a workers’ compensation defense attorney.
Uninsured
Employers
Providing expert defense against fraudulent and frivolous workers’ compensation claims.
Insurance Carriers &
Self Insured Employers
Providing comprehensive workers’ compensation defense to insured and self-insured Employers.
We defend uninsured employers.
We wrote the book on it.
Available on Amazon & Booksellers
READ THE REVIEWSEmployers Workers' Compensation Defense
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.