Workers Compensation: Employers Aware of Dangerous Work Conditions
Labor laws in California are extensive and comprehensive, intended to protect all employees from discrimination, harassment, and unsafe working conditions while upholding and enforcing employee rights. Under the CA labor codes, workers’ compensation claims allow employees to seek compensation for work-related injuries. Employers are required to supply workers’ compensation benefits under CA Labor Code section 3700. A business must provide workers’ compensation coverage if it employs even one employee. California typically regards workers’ compensation as a no-fault process meaning an employee does not need to prove fault, nor do employers need to be found guilty in court for a worker to have their claim approved and granted compensation. However, many employees are unaware of Labor Code 4553 related to serious and willful misconduct.
Victims of Serious and Willful Misconduct
How much compensation a worker may be granted via a workers’ compensation claim may increase significantly if the injury happened due to serious and willful misconduct on behalf of the employer or a result of that employer’s management personnel (e.g., a foreman on the job site). In California, as a result of being a no-fault state regarding workers’ compensation, employers cannot be sued for “intentional acts.” Still, you can collect a penalty if you prove your employer committed “serious and willful misconduct.”
Workers’ Compensation Benefits and Serious and Willful Misconduct
As a general rule, if an employee sustains a work-related injury while at work, they are eligible for basic benefits under the workers’ compensation program if the injury stemmed or was a direct result of their employment duties. The following benefits may be obtainable under basic worker’s compensation:
- Temporary disability payments
- Medical therapies, treatment coverage, and other needs that fall under medical care
- Permanent disability benefits
- Benefits associated with job retraining (vocational rehabilitation)
- death benefits may be issues in certain situations
Should the injury fall under severe and willful misconduct, the employee may be eligible for an additional 50% workers’ compensation increase that your employer is responsible for compensating, not the workers’ compensation program insurance.
Petitioning and Proving the Misconduct
In case you have been harmed by a work-related injury and fall under the scope of this category, you may wonder how to obtain the compensatory 50% increase in benefits. What is the process involved in proving that an employer has committed this degree of misconduct, and is it challenging?
First and foremost, you must have an active or pending Workers’ Compensation Appeals Board (WCAB) case to file a serious and willful petition.
The petition must be filed within 12 months of the injury. It may be necessary to consult with a lawyer due to the technical nature of your petition, describing your circumstances accurately, and to increase the likelihood of a successful outcome.
Often employees know there was evident misconduct but are overwhelmed by the process or fear petitioning. Remember that your working environment was unsafe, even hazardous, to the point that you were injured. Further, if they had fulfilled their responsibilities of keeping a safe working environment, your supervisor or employer could have prevented your injury and potentially the injury of others (depending on the details of the incident).
Proving serious and willful misconduct depends on several factors: the circumstances surrounding your injury, the employer’s awareness of the safety issues, or the knowledge the employer was presumed to have regarding safety concerns in their workplace. For example, a scaffolding that is worn, not sturdy, and hazardous at work. Perhaps you complained directly to the supervisor or your employer about your problems. Weeks later, the structure falls, and you are injured. As another example, a water leak could have been occurring where you work that often caused wet and slippery floors unexpectedly, but repairs needs were neglected. As a result, of the awareness of a safety concern going ignored you fall and injure your back badly. When employers know about safety issues but fail to address them, you may have a substantial case.
Despite the challenges, you should still seek the compensation you deserve.
All cases are unique; however, as a general premise, employers generally fail to take adequate precautions despite knowing about dangerous situations or practices, resulting in employees’ safety. If you believe your employer disregarded workplace safety and you were injured as a result, please get in touch with an experienced attorney for a free and confidential consultation.
Speak to an Experienced Workers’ Compensation Law Firm Today
If you seek to file a workers’ compensation claim or have already begun the process and received a denied or delayed claim, it is important to seek legal counsel as soon as possible.
With over three decades of dedicated experience, the attorneys at Castillo & Associates, have the skills necessary to handle the complex legal and insurance challenges typically associated with workers’ compensation claims in California. With a proficient legal team on your side, you will be able to focus on making a full recovery. If you are an injured worker, consider contacting the firm today for more information on your rights and legal options.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
