Knowledgeable Serious and Willful Misconduct Defense
Generally, workers’ compensation is a “no-fault” system. Compensation benefits are payable as expeditiously as possible for work-related injuries. But, under certain circumstances the fault of the employer or the employee in causing an injury may give rise to penalties. In addition to being a financial burden, a serious and willful misconduct allegation can seriously impact the reputation of a business. If an employee successfully proves that his or her injury was the result of management’s reckless, deliberate or intentional conduct, workers’ compensation benefits can increase by up to 50 percent with no limit. An employer cannot obtain insurance for such liability, but may obtain insurance for the cost of defense.
In an effort to protect our clients’ business, the attorneys at Sassano & Fleischer Attorneys at Law will closely analyze the allegations and thoroughly investigate the facts and circumstances surrounding the injury to evaluate an employer’s potential financial exposure and identify legally sound defenses, including the possibility of serious and willful misconduct on the part of the employee, which, if proven, would decrease the compensation payable by 50 percent. Serious and willful claims are often accompanied with claims of OSHA violations. There are subtle but significant differences in the standards for establishing liability for S&W and OSHA claims and it is often critical that the defense of these claims be coordinated by counsel defending the OSHA claims and the S&W claim. A serious and willful misconduct case is complex and the stakes are much higher for the employer in question. We are dedicated to working efficiently and diligently in pursuit of the best outcome possible.
Experienced Attorneys Offering Professional Representation
The lawyers at our Bay Area firm have more than 100 years of combined legal experience in addition to serving as claims adjusters. We consult a network of knowledgeable resources in an effort to offer comprehensive and thorough services for our clients. We have worked with clients in various professions, including:
- Public entities
- Construction companies
- Golf courses
- School districts
- Insurance companies
- Manufacturing companies
- Technology firms
- California Self Insurers’ Security Fund
We are well-equipped to address the unique needs of each of our clients while offering a personal level of experience that is tailored to the specific requirements of each case.
Our ultimate goal is to achieve the most favorable outcome possible so that our clients can return to focusing on the details involved in running a successful business.