Potential Fallout for Your Business
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 Stakes Are High in Serious and Willful Misconduct Claims
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 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 injury or illness, then the workers’ compensation payable to the claimant in the case is reduced by 50 percent.
OSHA Violations
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, the defense in these cases must understand the nuances of both claims when you trust Sacks Law Group, APC, with your case and represented by our Employer Defense. Our Southern California workers comp defense attorney is a workers comp law specialist and 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.
Accused of Serious and Willful Misconduct
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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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.