Serious & Willful Misconduct Defense for Employers in California

When a workplace injury happens, employees usually receive workers’ compensation benefits without proving fault. But if an employee accuses an employer of Serious & Willful Misconduct (S&W) under California law, the financial consequences increase dramatically. A successful claim can result in a 50% penalty on top of normal workers’ compensation benefits, exposing businesses to significant liability.

At The Law Offices of Armen Yedalyan APLC, we focus on defending employers against these high-stakes claims. With years of experience in California workers’ compensation law, our firm helps employers protect their business, reputation, and bottom line.

What Does “Serious & Willful Misconduct” Mean?

California Labor Code § 4553 defines Serious & Willful Misconduct as conduct that goes beyond simple negligence or mistakes. To succeed, the employee must show that:

• The employer knew of a dangerous condition or was aware of the risk of injury.
• The employer deliberately failed to act, ignored safety concerns, or violated known standards.
• The alleged misconduct directly caused the injury.

This is a much higher legal standard than ordinary negligence. Employees often attempt to expand their claims into S&W territory to increase the potential recovery.

Common Scenarios Leading to S&W Claims

While each case is unique, employees frequently allege Serious & Willful Misconduct in situations such as:

• Failure to follow Cal/OSHA safety requirements
• Ignoring repeated employee complaints about unsafe conditions
• Requiring employees to use broken or defective machinery
• Not providing adequate training or protective equipment
• Forcing employees to work in dangerous environments despite known risks

How The Law Offices of Armen Yedalyan APLC Defends Employers

Our defense approach is proactive and evidence-driven. We work closely with employers to develop a tailored strategy, which may include:

• Challenging employee allegations with detailed records, testimony, and expert opinions.
• Demonstrating compliance with Cal/OSHA and other workplace safety regulations.
• Showing lack of employer knowledge of any unsafe condition.
• Establishing causation defenses to prove the injury was not caused by alleged misconduct.
• Highlighting reasonable safety measures to show the employer acted in good faith.

By narrowing the scope of the claim and dismantling weak arguments, we help employers avoid unfair penalties.

Why Employers Need Strong Defense Counsel

S&W claims are complex, and California law sets the stakes high for employers. These cases require:

• Thorough investigation of workplace practices and records
• Detailed knowledge of Cal/OSHA regulations
• Strategic negotiation and litigation skills to protect against liability

Employers without experienced legal counsel risk severe financial exposure. Our firm ensures that every defense avenue is explored and every claim is contested vigorously.

Serious & Willful Misconduct Defense in Los Angeles and Across California

Located in Los Angeles, The Law Offices of Armen Yedalyan APLC provides defense representation to employers across California. We understand how disruptive these claims can be—not just financially, but also for morale and company reputation. Our mission is to resolve cases efficiently while safeguarding your business interests.

Frequently Asked Questions About Serious & Willful Misconduct Defense

1. How much can an S&W claim cost an employer?

If an employee prevails, workers’ compensation benefits can increase by 50%. Depending on the severity of the injury, this can represent tens or even hundreds of thousands of dollars in additional liability.

2. How hard is it for employees to prove Serious & Willful Misconduct?

S&W requires a higher level of proof than negligence. Employees must show the employer knew of the risk and ignored it. With the right defense strategy, many claims can be defeated.

3. What role does Cal/OSHA play in these cases?

Cal/OSHA inspections, citations, and records often play a key role. Employers who maintain compliance and safety records are in a stronger defensive position.

4. Can an employer’s insurance cover S&W penalties?

Typically, S&W penalties are not covered by insurance, meaning the employer may be directly responsible. This makes an aggressive defense strategy essential.

5. What should I do if my business is accused of Serious & Willful Misconduct?

Do not wait. Contact an attorney experienced in S&W defense immediately. Early intervention allows your lawyer to gather evidence, preserve records, and build the strongest defense possible.

Protect Your Business – Contact The Law Offices of Armen Yedalyan APLC Today

If your company is facing a Serious & Willful Misconduct claim, the risks are too high to ignore. At The Law Offices of Armen Yedalyan APLC, we provide knowledgeable, strategic defense for employers across California.

Call us today at (818) 616-4041 to schedule a confidential consultation and discuss how we can protect your business.