Serious And Willful Employer Misconduct Defense Lawyers
At Rossi Law Group, we understand the gravity of serious and willful employer misconduct allegations. An “S&W claim” arises when a worker accuses their employer of injuring them through intentional actions or knowing neglect. Such allegations, if proven, can be costly.
When a California employer is found to have committed serious and willful misconduct, workers’ compensation insurance won’t cover any resulting injury claims. As a result, employers may face both costly personal injury claims and regulatory penalties.
We are attorneys with decades of experience in workers’ compensation defense, including defending employers in S&W claims. We do so thoughtfully, ethically and effectively to protect your business interests and your reputation.
Contact our Simi Valley office at 805-436-6840 and set up a consultation. We represent employers throughout Southern California.
What Constitutes Serious And Willful Misconduct?
Serious and willful misconduct can include knowingly violating safety regulations or failing to address known hazards. Other examples might be ignoring industry standards or deliberately disregarding employee safety when responding to a crisis. Unfortunately, it is difficult to predict what allegations a regulator might deem serious and willful misconduct.
If a regulator accuses your organization of serious and willful misconduct, you must take the accusation extremely seriously.
If successful, a serious and willful allegation could strip you of your workers’ compensation protection. Without it, you are vulnerable to a personal injury lawsuit by your injured worker.
Just as in a workers’ comp case, the worker could seek compensation for lost wages and medical treatment. Unlike in workers’ compensation cases, there could be a large award for pain and suffering. You might even be exposed to a punitive damages award.
Defense Of S&W Claims
Our role as a workers’ compensation defense firm is to represent your interests and mitigate the potential liability you face.
We meticulously gather evidence, interview witnesses and collaborate with workplace safety experts and other professionals to build our cases. Demonstrating overall compliance with safety standards and proving any alleged misconduct was unintentional are often key components of our strategy.
The legal process for handling serious and willful misconduct claims includes investigation, hearings and potential settlement or litigation. Our firm can guide you through the process and defend your interests at every turn.
Managing Your Risk
Preventing serious and willful misconduct allegations starts with implementing rigorous safety protocols. Regular training and open communication with employees are also vital.
Taking a proactive approach to safety and documenting your compliance can not only minimize the risk of injuries but also provide evidence to bolster your defense in an S&W case.
Contact Us Now For A Consultation
Rossi Law Group is committed to providing strong legal representation to employers facing serious and willful misconduct allegations. We have significant experience and success in handling these cases. Contact us at 805-436-6840 or email us to arrange a consultation.