Serious and Willful Misconduct Claims
Aggressive Defense Against Serious and Willful Misconduct Claims
In California, employers may face additional penalties for “serious and willful” misconduct under Labor Code Section 4553. These claims can result in a 50% increase in workers’ compensation benefits, creating a significant financial burden for your business. At Lozano Law, we specialize in defending employers and insurers against serious and willful misconduct claims, working to minimize potential damages and protect your company from unwarranted allegations.
Understanding Serious and Willful Misconduct Claims
A serious and willful misconduct claim arises when an employee alleges that their employer’s intentional or reckless actions led to a workplace injury. These claims often involve high stakes, as a ruling in favor of the employee can drastically increase compensation amounts. However, proving serious and willful misconduct is complex, requiring substantial evidence that the employer acted with intent or gross negligence.
Knowledgeable Serious & Willful Misconduct Defense
Lozano Law’s experienced team thoroughly examines each serious and willful misconduct claim, gathering evidence, interviewing witnesses, and reviewing workplace safety protocols to build a strong defense. Our goal is to mitigate liability by demonstrating that the employer acted within reasonable safety standards or that the claim lacks merit.
Comprehensive Incident Investigation
Defense Based on Compliance
Representation before the WCAB
Minimizing Penalties and Damages
A key focus of our defense strategy is reducing exposure to the enhanced penalties and damages that accompany serious and willful misconduct claims. We work diligently to minimize financial impacts on our clients through strategic legal maneuvers and effective negotiation.
Litigation and Settlements
Serious & Willful Misconduct Experts
Serious & Willful Misconduct Experts
