If you are being accused of serious and willful misconduct, your business’ finances and its very reputation are both on the line. If an employer’s conduct leading to an injury or illness was reckless, intentional, or deliberate, then the payout to the injured/sick employee may be increased by up to 50 percent. If you are facing this type of accusation as an employer, reach out to the Van Nuys serious and willful misconduct attorney at Sacks Law Group, APC, for assistance right away.
Typically, workers comp cases are based on a no-fault system that realizes that people sometimes get hurt or become sick. Because of this, compensation to employees who are injured or sick due to work-related causes is expedited to them right away in most cases. Employers maintain workers’ comp insurance coverage to hedge against the potential financial fallout caused by workers’ claims. However, under specific circumstances, the employer may be seen to be at fault in an accident, injury, or illness in a way that is seen as serious and willful. When this happens, penalties are on the table.
The penalties for conduct on the employer’s part that is deemed or adjudged to be serious and willful can increase the employee’s payable workers comp benefits may increase by as much as 50 percent. This is a liability that goes beyond what carriers offer for self-insured employers, so it is usually payable out of the employer’s pocket. On the flip side, if employers can show that serious and willful misconduct by the employee resulted in the injury or illness, then the workers’ compensation payable to the claimant in the case is reduced by 50 percent.
Serious and willful misconduct claims against employers can become even more complicated when they are levied in conjunction with OSHA violation claims. For this reason, it is important that the defense in these cases understands the nuances of both types of claims. When you trust Sacks Law Group, APC, with your case, you are represented by a certified Southern California workers comp defense attorney who is a specialist in workers comp law and who understands the implications of OSHA violations alongside your workers’ comp issues. Our attorneys take pride in offering individual attention for every client, tailored to the specifics of every case.
At Sacks Law Group, APC, our Van Nuys serious and willful misconduct attorney knows just how much is riding on the case against you. Because of this, our team analyzes all allegations against you and your business and thoroughly investigates all facets of the case against you. This allows our team to evaluate the exposure that your business faces—both from a financial and non-financial viewpoint—so that we can formulate potential defenses against the accusations. Reach out to us as soon as possible following to ensure the best possible outcome for your situation. Contact Sacks Law Group, APC for a consultation of your case by clicking here or calling 310-216-7778.
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