The Serious and Willful Misconduct petition is not the same as a serious and/or willful Cal/OSHA citation.

While they use similar terms and one may support the filing of another, the serious/willful citation and the serious and willful misconduct petition are, unfortunately, two distinct areas of liability an employer faces in the event of an employee injury.  

Employee injuries are governed by the California Workers’ Compensation Appeals Board (WCAB). When an employee files a workers’ compensation claim, they can also petition the WCAB for additional benefits based on the employer’s serious and willful misconduct. The petition alleges that an employer’s willful misconduct resulted in the employee’s serious injury. If the employee is successful in proving this allegation, they are entitled to a payment equaling fifty percent of the total benefits paid in their underlying workers’ compensation claim.  The claims are not insurable and are rarely defended by the employer’s workers’ compensation carrier. 

These claims often follow, and may be based upon, a serious Cal/OSHA citation issued to the employer.  Because of our experience in Cal/OSHA liability and citation defense, as well as our knowledge of Cal/OSHA regulations and how they are applied, The Prince Firm is uniquely positioned to represent employers in defense of these claims.  We are often contacted by employers, loss control specialists and other attorneys to discuss the particular ramifications of these claims.

Please contact us if you have received a petition alleging serious and willful misconduct and wish to discuss how to best address and minimize your potential exposure.