A workplace injury can be terrible for the employee who suffers the consequences. Things become worst when the employers don’t support the injured employee, and they are to blame for the injury. In such cases, an injured employee might ask, can I sue my employer for serious and willful conduct? If you are in a similar situation and want the right answer, keep reading. Below you will get the answer.

Suing the Employer for Negligence

Many injured employees wonder whether they can sue their employer for negligence. Sadly, you cannot do that (except for exceptional cases). However, an employee can sue the employer for serious and willful conduct.

What You Need to Know About California Workers’ Compensation System

As an employee with rights, you must know that California’s Workers’ Compensation System is a No-Fault System. An attorney representing an injured worker doesn’t need to prove negligence on behalf of the employer to win a case.

When an employee suffers injuries due to the job or in the scope of employment, the employee is usually entitled to the basic benefits offered as a part of the workers’ compensation system. The benefits an employee can be eligible for include but are not limited to medical treatment, temporary disability payments, permanent disability benefits, and job re-training benefits, among others.

The Exchange

As the employees don’t need to prove the employer’s fault in a workplace injury, they can’t generally sue the employer for general negligence, suffering, or pain. This can be pretty frustrating for employees who have to suffer major injuries due to the job and have a long road to recovery.

What is Serious & Willful Misconduct by an Employer?

When an on-the-job injury is caused by something other than negligence by the employer, an employee can be entitled to penalties for serious and willful misconduct.

In simple terms, negligence means when the employer fails to act in a reasonable manner and offer basic care to ensure the employee doesn’t get in the way of any harm.

Serious and willful misconduct is very different. It covers many aspects. Some of them are mentioned here.

• When the Employer Deliberately Injures an Employee

When an employee deliberately injures an employee due to hate or other serious problem, an employee can prove it to be a serious and willful misconduct. For instance, an employer pushes an employee down the stairs.

• When the Employer Knows the Possibility of an Injury

Sometimes, an employer knows that an employee can get serious injuries by doing a task and still asks the employee to proceed. Again, the employee can prove that it’s serious and willful misconduct. For instance, an employer asks an employee to work on a piece of damaged equipment, knowing that the equipment is faulty and can seriously injure the employee.

• When an Employer Violates a Safety Order

In some cases of serious and willful misconduct, the employer ignores a safety order, leading to employee injury. In such cases, the employee has to prove that the employer was aware that safety orders were being violated but failed to rectify the situation.

Need More Help? Talk to an Expert

If you need more help regarding serious and willful misconduct concerns, feel free to connect with the team of Laura M. Wilson. In addition to helping you get legal advice, we can help you return to work more confidently and only after recovering from an accident, trauma, crisis, or injury.

We provide a broad array of services such as SJDB Service, RTWSP Service, Expert Witness, Vocational Evaluation, Vocational Rehabilitation Counseling Services, and Transferable Skills Analysis.

Our vocational rehabilitation counselors will decide which services are right for you and offer a solution that helps you return to work and retain your job if you want to. To book a one-on-one session with one of our experts, book an appointment here or call us toll-free at (800) 531-5608. Our team of experts will devote time to listening to your case and provide you with a customized solution. Get in touch today!

Reference:

https://www.capcitylaw.com/sacramento-workers-compensation-attorney/claims-serious-willful-misconduct-employer/