The Defense Attorneys You Need Against Willful Misconduct Claims

Most workers' compensation claims are no-fault claims. This means that injured employees are entitled to benefits regardless of who was at fault for the on-the-job injury. In certain cases, however, fault does play a role in the amount of compensation an injured employee may receive.

Labor Code Section 4553 provides employees with a 50 percent increase in compensation if the injury was a result of the employer's serious or willful misconduct. Make sure you have a strong defense attorney to protect against these serious workers' comp insurance claims.

Willful misconduct occurs when an employer is aware of unlawful activity in the workplace, but fails to take action to remedy the situation. For example, if an employer is aware of a fire hazard that is a direct violation of workplace safety regulations, but the employer fails to rectify the situation and a fire occurs, a willful misconduct claim may result.

Employers are obligated under law to uphold employment law standards related to workplace safety. If your business is under scrutiny, you could be facing elevated financial consequences because of allegations of serious and willful misconduct.

Experienced Defense For Complex Workers' Compensation Insurance Claims

At Gray & Prouty, we represent employers throughout California that are the subject of willful misconduct claims. We understand that not every claim is legitimate, and such claims must be challenged. If your business is the subject of a lawsuit, our attorneys will work hard to make sure this legal issue does not drain your important business resources.

We will fight aggressively on your behalf while remaining conscientious of the cost of litigation. In some situations, it may be best to settle a case, but you need to know that your law firm can stand up with strength in administrative hearings or in the courtroom. We will give you the most straightforward and realistic case assessment possible so that you can weigh the advantages and disadvantages of different defense options.

Contact us today via email or call 714-558-3751 to arrange a meeting with our experienced workers' compensation insurance defense team. With offices in Orange, San Luis Obispo, Sacramento and Chino Hills, we help clients throughout California.