A workplace injury can become even more devastating when it happens because an employer knowingly ignored safety risks or failed to correct dangerous conditions. California law allows injured workers to pursue additional compensation when a workplace injury is caused by serious and willful misconduct. At Wiesner English, P.C., we help injured workers hold employers accountable while pursuing the full benefits available under California workers’ compensation law.
Serious and Willful Misconduct in California Workers’ Compensation
A serious and willful misconduct claim arises when an employer’s actions go beyond ordinary negligence and involve a reckless disregard for employee safety. These cases often involve known hazards, repeated safety violations, or failures to address dangerous working conditions that place workers at risk. Unlike a standard workers’ compensation claim, a successful serious and willful misconduct claim may result in increased compensation benefits.
These claims can be difficult to prove because they require evidence showing the employer knew about the dangerous condition and failed to take reasonable corrective action. Building a strong claim often involves reviewing workplace safety records, prior complaints, witness statements, and accident investigations.
Common Examples of Serious and Willful Misconduct
- Failure to repair known dangerous equipment or machinery
- Ignoring repeated employee complaints about unsafe conditions
- Violations of OSHA or workplace safety regulations
- Failure to provide proper safety equipment or protective gear
- Removing safety guards or disabling safety mechanisms
- Requiring employees to work in hazardous conditions without training
- Knowingly exposing workers to toxic substances or dangerous environments
- Failure to correct serious workplace hazards after prior incidents
- Pressuring employees to ignore safety procedures to increase productivity
- Allowing dangerous understaffing or excessive overtime that creates safety risks
Workplace Injuries Commonly Involved in These Claims
- Severe orthopedic injuries
- Serious falls from heights
- Crush injuries from heavy machinery
- Traumatic brain injuries
- Spinal cord injuries
- Burn injuries and electrical injuries
- Respiratory illnesses from toxic exposure
- Permanent disability injuries
- Fatal workplace accidents
Increased Compensation in Serious and Willful Misconduct Claims
If serious and willful misconduct is proven, California law may allow an injured worker to recover increased compensation benefits in addition to standard workers’ compensation benefits. This increase is intended to hold employers accountable when workplace safety is knowingly disregarded.
Potential benefits may include:
- Additional compensation on top of standard workers’ compensation benefits
- Coverage for medical treatment and ongoing care
- Temporary disability benefits for lost wages
- Permanent disability benefits for lasting impairments
- Death benefits for surviving family members in fatal accident cases
Steps to Take After a Workplace Injury Involving Unsafe Conditions
- Report the injury and unsafe condition to your employer immediately
- Seek medical attention and follow all treatment recommendations
- Document hazardous conditions, equipment, or safety violations if possible
- Preserve emails, messages, complaints, or prior safety reports
- Gather witness information from coworkers familiar with the conditions
- Keep records of medical treatment and missed work
- Avoid signing documents or statements without legal guidance
- Consult an experienced workers’ compensation attorney as soon as possible
Contact Us for a Free Case Evaluation Today
If your workplace injury was caused by dangerous working conditions or an employer’s disregard for safety, you may have the right to pursue additional compensation. At Wiesner English, P.C., we work directly with injured workers to investigate serious workplace safety failures and build strong claims. Based in San Jose and rooted in Santa Clara County, we represent injured workers throughout the Bay Area and handle all court appearances remotely. Contact us for a free case evaluation today.
