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% with no limit. An employer cannot obtain insurance for such liability, but may obtain insurance for the cost of defense.
Protecting Our Clients’ Businesses
The attorneys at Sassano & Fleischer Attorneys at Law closely analyze the allegations and thoroughly investigate the facts and circumstances surrounding workers’ compensation claims. They 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. Proving misconduct on the part of the employee would decrease the compensation payable by 50%.
Serious and willful claims are often accompanied by claims of OSHA violations. There are subtle but significant differences in the standards for establishing liability for S&W and OSHA claims. 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.
Serious And Willful Misconduct Defense Tailored To Your Business
At Sassano & Fleischer Attorneys at Law, we recognize that a serious and willful misconduct (S&W) petition under Labor Code Section 4553 is not just another workers’ compensation filing – it is a direct attack on your business’s safety record and financial integrity. For insurance carriers, TPAs and self-insured entities across Northern California, these claims carry a high-stakes, uninsurable risk that requires more than just a standard legal response.
Since 1997, we have leveraged our unwavering focus on workers’ compensation to protect employers from the unique exposures these petitions present.
The Former Claims Adjuster Advantage In S&W Defense
The foundation of our firm is built on insider intelligence. Many of our attorneys began their careers as claims adjusters, a background that provides an invaluable perspective in S&W defense that most firms simply cannot replicate. This adjuster’s eye allows us to:
- Anticipate prosecution strategies: We know the specific boxes a petitioner’s attorney tries to check to prove quasi-criminal intent. We identify and neutralize these strategies before they gain momentum.
- Identify weaknesses in the evidence: We know how to dig into the personnel and safety files to find the missing links in an employee’s allegation – such as a failure to report a known hazard or the employee’s own disregard for provided safety equipment.
- Streamline communication: Because we understand the employer’s perspective, we provide clear, actionable risk assessments regarding exposure, ensuring you are never surprised by the direction of a case.
Industry-Specific S&W Risk Factors And Defense Approaches
Serious and Willful allegations are rarely generic; they are deeply rooted in the specific operational hazards of your industry. Our tailored advocacy means we don’t apply a one-size-fits-all defense. We dive into the specific OSHA regulations and industry standards that govern your sector to mount a robust defense.
| Industry | Common S&W Trigger | Our Defense Focus |
| Construction | Fall protection or scaffolding failures | Documentation of safety meetings, frequent site inspections and provision of compliant equipment. |
| Health care | Needlestick or patient-handling injuries | Rigorous interactive process documentation and evidence of continuous safety training/protocol updates. |
| Manufacturing | Machine guarding and lockout/tagout (LOTO) | Proving that the employer’s knowledge of the danger was not present and that LOTO protocols were strictly enforced. |
| Restaurants | Severe burns or slip-and-fall incidents | Demonstrating that floor maintenance and equipment safety measures were not only in place but actively managed. |
Relentless Determination In Every Case
We understand that an S&W award – a 50% increase in compensation – comes directly out of the employer’s pocket, as it is generally not covered by insurance. This is why we maintain relentless determination at both the negotiating table and in the courtroom. We fight to protect your reputation and your capital, ensuring that serious and willful remains a high bar that petitioners must prove, rather than a default penalty for a workplace accident.
Professional Representation Across A Range Of Industries
The lawyers at our Bay Area firm have decades 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:
- Hospitals
- Public entities
- Municipalities
- Restaurants
- Construction companies
- Golf courses
- Airlines
- School districts
- Courts
- 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.
Contact Sassano & Fleischer Attorneys at Law
For more information, call 800-724-1727 or fill out our online contact form.