Some workplace accidents are simply accidents, entirely unintentional and not the fault of any particular party. In other cases, however, an employer may endanger employees by knowingly failing to provide a safe work environment or follow OSHA safety standards. When a worker is injured because an employer engages in “serious and willful misconduct” as defined by California law, the worker may claim damages in addition to the normal workers’ compensation benefits. These damages can increase the total benefits you receive by up to 50 percent.
A serious and willful misconduct petition should be filed if you have been injured because of serious and willful misconduct by your employer. This petition must be filed within 12 months of the date of injury. A serious and willful petition can only be filed if you have a pending Workers’ Compensation Appeals Board (WCAB) case at your local district office. Opening a WCAB case can be complicated, so you’ll need help from an experienced California workers’ compensation attorney.
How to Protect Your Rights After a Work-Related Injury
Proving serious and willful misconduct can be challenging. Employers often claim they were unaware of the hazards that led to an employee’s injury or illness. To hold an employer accountable, you must show that the employer either failed to correct a known dangerous condition that directly caused your injury or violated a safety regulation that resulted in your illness or injury.
Because these cases require detailed evidence and careful documentation, it’s essential to work with an experienced workers’ compensation attorney. A skilled lawyer can investigate the circumstances of your injury, gather proof, and demonstrate your employer’s negligence step by step.
Whether or not your employer engaged in serious and willful misconduct, if you have been injured at work or suffer from a work-related illness, speak immediately with an experienced California workers’ compensation attorney to protect your rights and secure the benefits you deserve.