An Amazon Distribution Center collapsed and a delivery driver died. Governmental Officials noted “[w]e are concerned by recent reports that Amazon may be putting the health and safety of its workers at risk, including by requiring them to work in dangerous conditions during tornadoes, hurricanes, and other extreme weather.” Foxnews.com
How does the Workers’ Compensation System address questionable conduct by Employers?
What Is a Serious and Willful Misconduct Claim?
In California, there is increased workers’ compensation benefits that can be awarded if an Employer engages in serious and willful misconduct. This term is a legal term. The Labor Code, in Section 4553, provides that “[t]he amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative. (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof. (c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.
How Does One Prove It?
Claims of Serious and Willful Misconduct are highly factual. These claims are either tried or settled.
What If I Need Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.