Serious and Willful

With very few exceptions, an employee cannot sue their employer for an injury in the workplace.  Basically, the legislature gave up an employee’s right to sue for negligence but, in return, allows an employee to recover workers’ compensation benefits without having to prove the employer was at fault. However, what happens with an employer’s conduct is so egregious and goes beyond mere negligence? That is where a claim for penalties based on the theory of serious and willful misconduct might apply. In this article, our Sacramento Workers’ Compensation Attorneys will be discussing the most common topics around serious and willful claims. In particular, we will cover the type of misconduct that is considered.