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Disability Law Offices of Tony Adderley

Serious And Willful Misconduct

  • By: Tony Adderley
  • Published: August 13, 2014
If You Are Under Age 50

Most employers in southern California strive conscientiously to keep workplaces safe, and most job-related accidents are nobody’s fault – they’re genuinely accidents. However, when an employer fails to meet OSHA safety standards or otherwise fails to provide a safe place to work, the law in California calls that “serious and willful misconduct.” If you’ve been injured at the job in southern California, you’re probably entitled to workers’ compensation benefits, and you should consult with an experienced Los Angeles workers’ compensation attorney. If your employer was guilty of serious and willful misconduct that resulted in your injury, you may be entitled to additional benefits.

In a serious and willful misconduct case, the burden of proof is on the victim, so it’s important to work closely with a good workers’ compensation lawyer who can investigate your case and compile proof of an employer’s negligence. Your attorney should investigate your employer’s history of workplace accidents and examine witnesses on your behalf. If you can prove that your injury was the result of serious and willful misconduct, you may be able to receive 50 percent more benefits than you would receive in the typical “no-fault” workplace accident. Additionally, as in all workers’ compensation cases, you’ll have to prove that you are genuinely injured and that the workplace accident in question was in fact the direct cause of your injury. A good workers’ compensation lawyer can make sure that you receive proper medical attention and that your injuries are fully documented and verifiable.

If a workplace injury is caused by the negligence of an outside contractor or equipment supplier, you may also have grounds for a third-party personal injury claim. In southern California, if you’re injured at work – now or in the future – speak at once with an experienced Los Angeles workers compensation attorney to discuss your case and your legal options.

About the Author Tony Adderley has been working as a professional advocate for
individuals entitled to Social Security Disability (SSD) and worker’s
compensation benefits for more than 20 years.