Understanding Claims for Serious & Willful Misconduct of an Employer
Those pursuing workers’ compensation benefits are entitled to more compensation if their injury is the result of willful misconduct instead of just negligence. In California, serious and willful misconduct is defined as an act deliberately done with knowledge of the probable dangerous consequences or with a wanton and reckless disregard of those consequences.
Increased Compensation: California Labor Code Sections 4553 & 4553.1
Section 4553 outlines that if the injury to the employee is caused by the serious and willful misconduct of the employer, the amount of compensation otherwise recoverable will be increased by one-half. This is meant to punish employers who engage in egregious conduct that leads to worker injuries.
Section 4553.1 further specifies that the employee has the burden of proof to show the employer's serious and willful misconduct by clear and convincing evidence. This law also outlines what must be proven to establish an employer’s liability in this type of claim.
Under California law, the following can be considered serious and willful misconduct by an employer:
- The employer allowed the employee to suffer deliberate harm or injuries. While rare, an employer can face serious and willful misconduct allegations if they intentionally injure an employee. This may include physically assaulting employees or taking direct action to compromise their safety. In these cases, the employer can also face other legal consequences for their actions.
- The employer ignored or violated a workplace safety order. In California, workplace safety orders are mandatory health and safety regulations designed to protect workers from injury and illness while on the job. These comprehensive requirements are established and enforced by Cal/OSHA to ensure all employees have a safe working environment. Specific industries have different general safety regulations that employers should adhere to so they can avoid facing serious and willful misconduct violations.
- The employer showed a dangerous disregard for employee safety. In these instances, with full knowledge of the risk of injury faced by an employee, the employer required and/or allowed the employee to continue performing their job duties. Instead of being negligent and not knowing about a hazard, employers are making the conscious choice to ignore hazards.
Potential Defenses Against Such Allegations
Employers may argue against serious and willful misconduct claims by using the following strategies:
- Challenge the willfulness of the alleged misconduct. Employers may demonstrate that while an incident occurred, it was not the result of deliberate or knowing disregard for worker safety. This defense focuses on showing that any safety oversights were unintentional or that the employer was unaware of the dangerous conditions rather than deliberately ignoring known hazards. With this defense, employers may admit to negligence but deny willful endangerment.
- Present evidence of compliance with state and federal safety regulations. By maintaining detailed records of safety inspections, employee training sessions, and prompt responses to identified hazards, employers can demonstrate their commitment to maintaining a safe workplace and following required safety protocols.
- Prove the claimant acted negligently. While employers must maintain a safe workplace, they may present evidence showing that an employee's own actions contributed to or caused their injury. This could include documentation of an employee's failure to follow established safety procedures, use provided safety equipment, or heed warning signs and training instructions.
Consult With Our Attorneys
With over a century of collective legal experience, the team at Smolich and Smolich can help injured workers prove an employer willfully allowed an employee to be injured. We understand the defense strategies employers try to employ against these claims and can offer you personalized counsel.
If you’re injured on the job due to serious and willful, let us help. Schedule an initial consultation by calling (916) 571-0400.