Workplace Injuries: What Is Serious and Willful Misconduct?

When you are injured in a workplace accident due to another party's negligence, you are entitled to seek monetary compensation through a workplace accident claim. This is true whether the accident was due to your employer's negligence or negligence on the part of a third party.

“Serious and willful misconduct” is a term that refers specifically to an employer's misconduct beyond simply failing to provide a safe work environment. It refers to any action that the employer does that intentionally harms a worker. It can also refer to a significant failure on the part of the employer to react appropriately to a worker's injury, such as ignoring his or her cries for help. Serious and willful misconduct is a significant violation of an employer's duty of care to its workers, whether those workers are employees or independent contractors. If you have suffered an injury because of your employer's gross negligence or failure to react to your accident, work with an experienced workplace accident attorney to seek the money you deserve.

The following is a list of examples of serious and willful misconduct:

• Intentionally providing a worker with a broken tool, a piece of equipment known to malfunction, or an otherwise defective piece of equipment with which to work;
• Requiring a worker to perform his or her job without the correct safety gear, such as requiring a welder to work without protective eyewear;
• Intentionally ignoring a worker's cries of distress when pinned between objects, bleeding, or suffering from a serious injury at work;
• Attempting to downplay a safety hazard or an accident in the workplace; and
• Any other intentional disregard of a legally-required safety procedure, whether in an attempt to save money or an attempt to complete a job more quickly.

The actions discussed above can potentially lead to life-altering, even fatal, injuries. If you are ever asked to work with faulty equipment or otherwise work without following proper safety procedures, do not follow that order. It is better to lose a job than to lose a limb or your life.

You can potentially receive a larger settlement amount for your injury if you can prove that this was the cause of your accident. Discuss your accident in detail with your attorney to determine whether you were, in fact, a victim of such misconduct or if your accident was simply due to "regular" negligence.

If you are suffering from an injury because of an accident caused by your employer's misconduct, whether it was an intentional act to hurt you or a conscious decision on the part of your employer not to act to protect you from injury, you could be entitled to collect monetary compensation for your damages through a workplace accident claim. To learn more about your rights and options in this situation, contact our team of experienced San Jose workplace accident lawyers at Corsiglia, McMahon, & Allard, L.L.P. to schedule your initial legal consultation with us. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

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