Serious and Willful Misconduct
The Bridgeford Law Office, APC Protects You From Harmful Employers
Workers’ compensation is intended to supply injured workers with the funds they require after a work-related injury. In any work relationship, employees are expected to exhibit caution and care, just as employers are expected to provide their workers with a safe, healthy work environment.
Unfortunately, if the employer fails to maintain a safe workspace, they could face a serious & willful misconduct claim. Such claims can be extremely costly and complicated for the employer, and very problematic for employees. If you are facing a potential situation of serious and willful misconduct, our firm can help you.
What Is Willful Misconduct?
The Occupational Safety and Health Administration (OSHA) defines willful misconduct as a violation in which the employer either knowingly failed to comply with a legal requirement or acted with plain indifference to employee safety.
These violations are considered serious if the hazard has a high likelihood of resulting in death or serious physical harm.
Serious and Willful Claims
Just as with Labor Code §132(a) violations, Serious and Willful claims are generally not covered by the workers’ compensation carrier though they are filed, separately, under the auspices of the filed workers’ compensation matter for which the Workers’ Compensation Appeals Board has jurisdiction.
Why Choose the Bridgeford Law Office?
At Bridgeford Law Office, our attorneys are dedicated to providing quick, comprehensive legal help when you need it most. We care about each and every client we work with, and our passion for our work shows.
When you work with us, you can rest easy knowing our firm will be by your side through every step of the legal process, from claim inception to evaluating settlement options or through Trial. Regardless of your circumstances, our firm is here to help you.
Liability in Serious & Willful Misconduct Claims
All employers are expected to provide their employees with a safe work environment. If an employer is found to have committed some extreme act of negligence they could be found guilty of committing a serious and willful misconduct.
This could be by:
- Disregarding safety regulations
- Or intentionally allowing a hazard to exist
Sometimes such acts can be intentional, though they could also be considered extreme acts of negligence. In any case, the actions of the employer must have violated a safety order or put employees in immediate or serious danger.
How Much Can You be Rewarded in a Serious and Willful Settlement?
If OSHA finds an employer guilty of serious and willful misconduct, it could result in fines for the employer and up to 50% more in compensation for the employee.
Put 75 Years of Collective Legal Experience on Your Side
Our workers’ compensation attorneys want to help you protect your interests. If you are facing a potential serious and willful misconduct matter, we want to protect your rights and will provide you with solid legal representation during this complicated time.