Serious & Willful Misconduct: Holding Reckless Employers Accountable
Understanding Serious & Willful Misconduct
When your employer’s negligence crosses the line into recklessness, California law gives you the right to demand more than basic benefits. Under Labor Code §4553, if your employer’s intentional or willful disregard for safety caused your injury, you may be entitled to a 50% increase in workers’ compensation benefits.
In simple terms, this means if your employer knew something was unsafe—and ignored it—you could receive half again as much compensation as a penalty for their conduct. This is called a Serious & Willful Misconduct claim, and it’s one of the few ways California law allows injured workers to hold employers directly accountable for endangering their safety.
At Levitz Legal Group, we’ve spent decades standing up for workers across Novato, Marin County, and Northern California whose employers chose profits over protection. We investigate every angle of your claim to prove misconduct and make sure the full penalty applies.
What Employer Misconduct Looks Like
Most employers try to follow the law, but some cross a dangerous line. Serious & Willful Misconduct means an employer knew a condition was unsafe—or violated a safety regulation—and went forward anyway.
Examples include:
- Removing safety guards from machinery or disabling protective devices.
- Ignoring repeated OSHA or Cal/OSHA citations for hazards that later caused an injury.
- Ordering workers into clearly unsafe situations, like unstable trenches or toxic environments without protection.
- Failing to repair known dangerous equipment.
- In the most extreme cases, intentionally causing harm or physical assault.
These aren’t simple mistakes—they’re reckless choices that put lives at risk. When that happens, Levitz Legal Group steps in to hold employers accountable and recover the compensation you deserve.
How to File a Serious & Willful Misconduct Claim
Filing a Serious & Willful claim is different from a standard workers’ comp case. It’s a separate petition within the workers’ compensation system, and it requires proof that your employer acted intentionally or recklessly. The law sets a high bar—you must show clear and convincing evidence.
That’s where we come in. Our attorneys gather and analyze every piece of evidence, from safety reports and inspection records to witness statements and company communications. We often work with safety experts and leverage AI-powered document review to uncover patterns of negligence other firms might miss.
Timing is critical. You generally have a limited window—often one year from the date of injury or from discovering the misconduct—to file your petition. The sooner you contact us, the stronger your case will be.
How Levitz Legal Group Builds Your Case
At Levitz Legal Group, we combine experience, empathy, and advanced technology to build strong Serious & Willful Misconduct cases.
Here’s what that means for you:
- We investigate deeply—reviewing employer records, OSHA reports, and prior violations.
- We use proprietary AI systems to identify inconsistencies in medical and safety data that can strengthen your case.
- We prepare all petitions, filings, and hearings within the California Workers’ Compensation Appeals Board (WCAB).
- We fight for the 50% penalty and ensure your standard benefits continue without interruption.
Our goal is simple: to hold employers accountable and deliver the justice you deserve.
Frequently Asked Questions: Serious & Willful Misconduct
Is Serious & Willful Misconduct a criminal charge?
No. It’s a civil penalty within the workers’ comp system. It doesn’t send your employer to jail, but it does increase your benefits by 50%.
Can I still get regular workers’ comp benefits?
Yes. Your main claim continues normally. The Serious & Willful claim is handled separately and won’t delay your regular benefits.
How much more money can I get?
By law, your compensation increases by 50%. For example, if your total benefits are $100,000, you could receive an additional $50,000 as a penalty.
What kind of evidence do I need?
We look for safety citations, prior complaints, or proof that the employer knew about the danger. Witness testimony and inspection reports can also help build your case.
How can Levitz Legal Group help?
We manage every step—from gathering evidence to presenting your case before the WCAB. With over 40 years of experience and cutting-edge technology, we know how to prove Serious & Willful Misconduct.
Ready to Get Help With Your Work Injury Claim?
If you’ve been injured at work, don’t face the system alone. Levitz Legal Group has spent more than 40 years helping workers throughout Northern California — from the North Bay to the South Bay and East Bay — recover the benefits they’re entitled to. Ask your question online or schedule a free consultation — every inquiry is answered directly by an attorney, never an automated assistant.