Serious And Willful Misconduct Can Cost You

February 23, 2019
Sacks & Zolonz, LLP
willful misconduct allegations

Owning a business is often said to be a part of the American dream, but it is certainly not easy. Anyone who runs a business, whether it is a smaller business or a larger one, knows that there are many difficulties. In California, there are plenty of regulations that a person must follow in order to stay on the right side of the law. Many of those regulations revolve around worker safety.

However, if an employee gets hurt and claims that you are to blame and that your serious and willful misconduct caused their injury, you need to know where to turn. At Sacks & Zolonz, LLP, you can count on an advocate to be by your side. We will fight back against frivolous claims that threaten to harm your business. When you need a serious and willful misconduct allegation attorney, call us today.

Defining Serious And Willful Misconduct

As an employer, you know that you are required to have workers’ compensation insurance for all of your employees. California is very clear about that and has a range of penalties for those to break the law. However, even if you follow the law, you could find yourself facing serious and willful misconduct charges in the event that an employee is injured.

It is the duty of employers to do everything they can to prevent employees from getting hurt. This includes following all state and federal safety regulations. If there is a hazard in the workplace that an employer learns about, they have a responsibility to remedy the situation as quickly as possible to prevent injuries.

If an employer knows about a hazardous condition or does not follow safety laws, they could face serious and willful misconduct charges.

Why does that matter? Won’t workers’ compensation insurance cover the cost of injuries?

In most cases, yes, workers’ compensation will cover the cost of an employee’s injuries regardless of who is at fault. However, if an employer is found to have caused an injury or allowed one to happen and faces these charges, they could be on the line for up to half of the cost of the total payout to the employee.

Those are out-of-pocket costs that insurance will not cover. In certain cases, this can lead to hundreds of thousands of dollars that must go to medical costs and lost wages.

What Are Your Options?

If an employee has brought a serious and willful misconduct charge against your company, you need to seek immediate legal assistance. Many businesses cannot take on the costs that could be required in the event of being found guilty of these charges. At Sacks & Zolonz, LLP, you can count on our qualified and experienced team to be by your side fighting to ensure that your livelihood is not ruined. The other side will certainly have an attorney, so you need one as well. If you need a serious and willful misconduct allegation attorney, you can contact us for a consultation by clicking here or calling 310-216-7778.

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