California state law prohibits an employerâ€™s serious and willful misconduct under Labor Code 4553. If an employerâ€™s serious and willful misconduct is determined to have caused a workplace injury to an employee, then the employer can be held liableâ€”legally responsibleâ€”for damages to the employeeâ€™s person that arose because of that misconduct. The added cost to the employer is a one-half increase of the dollar amount of the compensation otherwise recoverable.
However, in many cases, employers accused of misconduct resulting in employee injury are not, in fact, liable for those injuries, and having a knowledgeable workers compensation defense attorney on their side can help the employer avoid serious penalties after facing these types of accusations.
People who are accused of serious and willful misconduct have rights and various options available to them under the law. Depending on the circumstances surrounding the accusations, an employer accused of misconduct can choose whether to offer a cash settlement or to hire an attorney to come to their defense in a courtroom trial. We can offer advice on which options are best for your business based on a thorough investigation and careful analysis of the situation at hand, and we will be with you every step along the way.
Our team of legal experts can help you protect your business and avoid major penalties after being accused of serious and willful misconduct. We can offer legal advice tailored to your unique situation aimed at finding the course of action that will be most beneficial to you and your company, whether that means settling out of court or taking the matter to trial. We will work tirelessly to find the right solution to get you back on track in a timely manner.
At Sacks & Zolonz, LLP, our sole focus is on defending employers who are caught up in legal matters related to workersâ€™ compensation, including defending them against accusations of serious and willful misconduct. We have extensive experience in workers’ compensation defense and a solid track record of positive results to back it up. Our attorneys can help if you are facing accusations of serious and willful misconduct. Contact us today for a case evaluation.