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Enhancements: Serious & Willful Misconduct

Orange County Lawyers Helping When Your Employer Engages in Serious and Willful Misconduct

Pursuing enhancements on your behalf

The attorneys at Tous Law Firm have handled numerous cases involving employers whose actions constituted serious and willful misconduct. We take the blatant disregard for your safety seriously and pursue every enhancement of workers’ compensation benefits available. It is our goal to recover the maximum amount of compensation available to you, and to prevent your employer from taking such negligent actions in the future. If you believe your employer was aware of a safety order and ignored it, resulting in your injury or illness, let us help you seek the enhanced benefits you are entitled to receive.

 

Serious and willful misconduct

California law requires an employer to provide a safe work environment. To establish that an employer’s violation of a safety order was “serious and willful misconduct,” it must be proven that:

  • The safety order was violated
  • The violation of the safety order was the proximate cause of the injury or death
  • The employer was aware of the safety order and violated it anyway, or the condition making the safety order applicable was obvious and the employer’s failure to correct the condition constituted a reckless disregard for the probable consequences

If you have suffered a workplace accident and you believe it was the result of serious and willful misconduct by your employer, the attorneys at Tous Law Group can help.

Employer liability and benefits increase

In California, an employer that is found to have caused a workplace accident through “serious and willful misconduct” that results in an injury will be ordered to pay an amount equal to half the value of all workers’ compensation benefits paid as a result of the injury. In other words, the claimant may receive 50% more compensation for temporary and permanent disability, medical and vocational rehabilitation benefits. The claimant may also recover costs and expenses. An award resulting from serious and willful misconduct must be paid from the employer’s own funds. The employer’s liability cannot be shifted to the insurance company.

It should also be noted that the failure of your employer to secure the payment of workers’ compensation benefits is prima facie evidence of willfulness on the part of your employer. As a result, the amount of compensation you can recover for your injury or death is increased 10%.

Seek assistance from skilled workers’ compensation attorneys in Orange County

If you suffered a workplace injury and you believe you are entitled to enhanced benefits, contact Tous Law Group at 714-602-4473 or via our online contact page for a free consultation. We have four offices located in Costa Mesa, CA, Los Angeles, San Francisco and Corona. At our Orange County location, the parking is free and our office is easily accessible to public transportation. And remember, no recovery means no attorney’s fees!