Serious & Willful Claim

Generally, filing a workers compensation claim is the exclusive remedy if an employee suffers an injury at work. This The formost Worker Comp. Attorney in So. CAmeans that the employer and the employee’s co-workers are not subject to lawsuits by an employee who gets injured or becomes ill because of work conditions, or because of a co-worker’s actions. However, if the injury is the result of the Employer’s Serious and Willful(1) misconduct, then the injured worker can file a Serious and willful claim directly against the employer, not the employer’s insurance company. Serious and Willful is an intentional act or more than negligent improper act or omission by the employer with knowledge that a serious injury will be a probable result of such act. Further, the employer’s misconduct could result in failure to provide a safe workplace or to violate a safety order and the employee was injured as a consequence of such misconduct.