Workplace injuries often lead to workers’ compensation benefits, but not all cases qualify for the same treatment. If an employer’s actions go beyond negligence and show serious and willful misconduct, you may receive additional compensation. California law allows injured workers to seek increased benefits in these cases.
What qualifies as serious and willful misconduct?
Serious and willful misconduct happens when an employer knowingly ignores safety laws or acts with reckless disregard for worker safety. This is more than just negligence—it requires intentional wrongdoing or extreme carelessness. Examples include removing safety guards from machinery, failing to provide protective equipment, or ignoring repeated warnings about dangerous conditions.
How does it affect workers’ compensation benefits?
Under California Labor Code Section 4553, an injured worker may receive a 50% increase in compensation if serious and willful misconduct occurs. This increase applies to disability payments and medical benefits but does not cover pain and suffering. However, proving this claim requires clear evidence that the employer acted recklessly or intentionally violated workplace safety laws.
How do you prove serious and willful misconduct?
To support a claim, you need evidence showing that the employer knew about the risk and ignored it. Workplace safety violations, witness statements, accident reports, and OSHA citations help establish misconduct. A history of disregarding safety standards strengthens the case. However, the burden of proof is higher than for standard workers’ compensation claims.
Why does this matter for injured workers?
A workplace injury can create financial stress due to medical bills and lost income. If serious and willful misconduct contributed to your injury, you may qualify for increased compensation. Understanding your rights under California law helps you pursue the benefits you deserve.