When you’re hurt on the job, California workers’ compensation law usually provides no-fault benefits — meaning you don’t have to prove your employer did anything wrong to receive medical care and wage replacement. But what if your employer’s conduct wasn’t just careless — it was reckless, dangerous, or even illegal?
That’s where a Serious & Willful Misconduct (S&W) claim comes in.
Under California Labor Code § 4553, injured workers may be entitled to an additional 50% compensation if their employer’s misconduct caused the injury.
At Employees First Labor Law, we pursue serious and willful claims when employers violate safety laws, ignore known hazards, or place profits over people. Here’s how it works — and what kind of conduct qualifies.
What Is Serious and Willful Misconduct?
Serious and Willful Misconduct goes beyond ordinary negligence. The legal standard is high — the employer must have:
- Actual knowledge of a dangerous condition,
- Failed to correct or warn about it, and
- Demonstrated disregard for employee safety.
Courts often describe S&W as “quasi-criminal negligence” — conduct that’s reckless, intentional, or grossly indifferent to human safety.
This is not the same as making a mistake. It’s knowing something is unsafe and refusing to fix it anyway.
Common Examples of Serious & Willful Misconduct
1. Ignoring a Known Safety Violation
An employer is cited by OSHA for a faulty machine guard, but continues using the equipment without repairing it — and an employee loses a hand. That’s classic serious and willful.
2. Disabling or Removing Safety Equipment
An employer removes smoke detectors, disables emergency shutoff switches, or intentionally bypasses a lockout/tagout system — and someone gets hurt.
3. Forcing Workers to Break the Law
A warehouse manager instructs workers to lift heavy boxes without team lifting or equipment, despite known back injuries — violating Cal/OSHA’s manual handling rules.
4. Ignoring Prior Injuries or Near Misses
Multiple employees have reported shocks from a faulty electrical panel. Management refuses to replace it — until one worker suffers electrocution.
5. Improper Training for High-Risk Work
An untrained day laborer is ordered to climb a 3-story scaffolding without fall protection — leading to a life-altering injury. The employer had no training program or harnesses on site.
6. Repeat Violations of Safety Orders
An employer has been warned — or even cited — for specific Cal/OSHA violations, but continues business as usual. That pattern may demonstrate willful disregard.
What Do You Get in a Serious & Willful Claim?
If successful, a serious and willful claim entitles the injured worker to a 50% increase in the total workers’ comp benefits, including:
🛑 This is not a separate civil lawsuit — it’s part of the workers’ comp system, and does not award pain and suffering. But it can dramatically increase your compensation, especially in serious injury cases.
What Evidence Do You Need to Win?
S&W claims require clear and convincing proof that your employer:
- Knew of a dangerous condition
- Had the ability to fix it, but didn’t
- Put workers at risk anyway
The strongest evidence includes:
- OSHA citations or inspection reports
- Witness testimony from coworkers
- Internal emails or maintenance records
- Photos/videos of the hazard
- Proof of industry-standard violations
- Prior injuries or near misses
At EFLL, we work with safety experts and investigators to build these cases — especially when the employer tries to cover their tracks.
What Doesn’t Qualify as Serious & Willful?
- A manager simply forgetting to fix something
- A one-time accident with no warning signs
- Employee negligence unless combined with employer misconduct
- General “unsafe conditions” without actual notice or recklessness
The bar is high — but with proper evidence, many cases can meet it.
Deadlines: How Long Do You Have?
You must file a serious and willful petition within one year of the date of injury. If you’re currently litigating a workers’ comp case, the S&W petition may be filed separately but will follow the same venue and judge.
How EFLL Can Help
At Employees First Labor Law, we don’t just handle standard workers’ comp claims — we investigate and pursue serious and willful misconduct when your injury was caused by:
- Dangerous workplaces
- OSHA violations
- Unlawful conduct
- Employer recklessness or retaliation
We build the case, collect the evidence, and fight to increase the value of your claim by 50% or more through a successful S&W petition.
Think Your Injury Was Caused by Employer Misconduct?
Don’t settle for basic benefits if your injury was caused by reckless or illegal employer behavior. Call EFLL today. We’ll investigate the case, file the petition, and fight for the compensation you truly deserve.
