Employer Misconduct is a wrongful act with strict penalties under state and federal law.
It is a serious and willful action or behavior that causes injury to employee. California Labor Code 4553 stipulates compensation for injuries amounting to half of the total amount of benefits paid. It includes health care and disability benefits.
Serious and willful misconduct is uninsurable. It resembles the penalty for criminal and Cal/OSHA cases. The employer must pay the damages from his or her own funds. It means that the employer cannot pass the liability to other parties like insurance, contract, or institution.
Labor Code 4553 stipulates fixed payment for employer misconduct damages. Under this law, the judge is prohibited from adjusting the amount. If proven guilty, the employer must pay the full amount regardless of any condition.
Section 4553 stipulates that the employee must establish that the employer's action was willful. It means that the employer must be aware of the danger that the condition or action may bring, and he or she failed to prevent, correct, or stop the act.
The action is considered more than gross negligence. It is also categorized as having quasi-criminal element. California Court defines willful misconduct as a deliberate disregard for the harm or injury that his or her action/omission may bring to employees.
Ways to prove an S& W claim
1. The employer failed to exercise precaution or correction on the dangerous condition/ act.
2. The employer has knowledge that such condition/ act may result to injury or harm.
3. The employer has violated any of California safety stipulations. The employer will still be held liable even thought there was no record of citation from Cal/OSHA.
Proving S& W Liability under Cal/ OSHA regulation
You can prove S& W Liability by establishing any of the violation regulated under Division of Occupational Safety and Health (cal/OSHA). These are:
1. The specific action, behavior, or event in which safety regulation was violated
2. The violation resulted to injuries
3. The supervisor, management, executive officer is aware of the potential harm that the action or condition may bring.
The injured employer can further prove the violation of regulation by:
1. Cite evidences wherein the hazardous condition is obvious.
2. The condition creates a probable injury
3. The employer failed to create correction of the existing hazardous condition or action
If you are a victim of employer misconduct, you may consult a Labor Rights and Employment Law Attorney in Los Angeles and file a lawsuit. Assert your rights today.