If your employer was either acting in direct violation of Cal/OSHA safety regulations or if he had knowledge of a situation that could cause severe injury but took no action on it, you may have grounds for a lawsuit. Talk to your Chico workplace injury attorney about pursuing a Serious and Willful Misconduct (S&W) claim.
It’s crucial to hold employers accountable for their conduct. If serious negligence exposed you to dangerous conditions that left you with a long-term disability, not suing the responsible party could lead to more workers being injured.
Additionally, a successful S&W claim means more support for you during the recovery process. You could be entitled to an additional compensation equivalent to half of all the benefits paid on your claim, including:
- All costs of your medical treatment
- Temporary and permanent disability
- Medical and vocational rehabilitation
What’s more, the employer is not allowed to shift the cost of your award to insurance or any third party – the full amount must come out of the employer’s pocket.
S&W litigation is typically either an all or nothing situation. The judge doesn’t have the power to adjust the amount of the award you receive. In other words, if the judge determines there wasn’t S&W, you will receive no award. If the judge determines there was S&W, you will receive the full amount of the award.
If you’re concerned that an employer’s serious and willful misconduct is responsible for your workplace injury, don’t shortchange yourself of your rights. Schedule a free consultation with one of the experienced Chico workers' comp lawyers today. Call Ledgerwood Law Group at 888-761-7383 or fill out the online form. Also, ask for a free copy of our book, The California Workers’ Compensation Survival Manual.
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