RAWA Law Group APC

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Get the Justice and Compensation You Deserve with Expert Workers Compensation Lawyer Help!

Serious & Willful Claim

Practice Areas
MAIN OFFICE

5843 Pine Ave Suite A Chino Hills CA 91709

E-MAIL

info@rawalaw.com

TELEPHONE

844-444-1400

WORKING HOURS

Monday to Friday
From 8:00 am to 5:00 pm

WHAT CONSTITUTES SERIOUS & WILLFUL MISCONDUCT ON THE PART OF THE EMPLOYER?

Generally, filing a workers compensation claim is the exclusive remedy if an employee suffers an injury at work. This The formost Worker Comp. Attorney in So. CAmeans that the employer and the employee’s co-workers are not subject to lawsuits by an employee who gets injured or becomes ill because of work conditions, or because of a co-worker’s actions. However, if the injury is the result of the Employer’s Serious and Willful(1) misconduct, then the injured worker can file a Serious and willful claim directly against the employer, not the employer’s insurance company. Serious and Willful is an intentional act or more than negligent improper act or omission by the employer with knowledge that a serious injury will be a probable result of such act. Further, the employer’s misconduct could result in failure to provide a safe workplace or to violate a safety order and the employee was injured as a consequence of such misconduct.
However, the misconduct must be willful; It is not enough that a workplace was unsafe and a worker was injured, or that a safety order was violated and a work-related injury occurred. There must be a causal connection between the willful misconduct on the part of the employer and the injury itself. The misconduct must actually be a contributing factor to the cause of the injury.

IF THE EMPLOYER HAS COMMITTED SERIOUS AND WILLFUL MISCONDUCT, WHAT AM I ENTITLED TO?

If a judge finds there was serious and Willful conduct on the part of the employer, he or she may award up to 50% increase in compensation to the injured worker. The increase applies to both indemnity and non-indemnity benefits. Since the claim is filed against the employer, any increase will have to be paid directly by the employer rather than the employer’s insurance company.

EXAMPLE:

To illustrate, suppose a truck driver was driving the company’s truck and sustained a very serious injury as a result of faulty brakes. Under these facts the injured driver can file for a workers’ compensation claim to get treatment and other benefits. The question is: would there be grounds to increase the injured driver’s compensation by 50% because of the employer’s serious and willful misconduct?
It depends, if the employer knew that the brakes of the truck were faulty and knowing they were faulty, nevertheless requested the driver to drive the truck anyway, the Employer may be liable for serious and Willful conduct, and a corresponding increase of up to 50% of the compensation due to the injured worker.
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IF YOU HAVE ENCOUNTERED ANY OF THE FOLLOWING, WORK WITH THE BEST!

Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
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Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
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Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
Learn More

Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
Learn More

Workers'Comp Practice Areas
At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
Learn More

Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
Learn More

Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
Learn More

Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
Learn More

Personal Injury Practice Areas

At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
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Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
Learn More

Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
Learn More

Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
Learn More

Personal Injury Practice Areas
At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
Learn More

Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
Learn More

Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
Learn More

Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
Learn More