Sometimes, employers put their employees in dangerous situations that especially dangerous. In those cases, an injured workers might be entitled to an increase where the award is increased by 50 percent.
In those cases, an injured worker may file a Petition for Serious and Willful conduct under California Labor Code Section 4553.
To determine the increase amount a judge may add up all money paid to the injured worker directly such as TD or PD payments, payments for medical treatment, medical-legal fees, and vocational rehabilitation. Then, a judge may award 50 percent of sum of money paid out by the as a result of the serious and willful misconduct. This can be a big number if the insurance company your medical bills are extremely expensive.
An employer guilty of serious and willful misconduct must know of the dangerous condition, know that the probable consequences of its continuance will involve serious injury to an employee, and deliberately fail fix dangerous situation. The employer’s conduct must be quasi criminal to qualify so it’s important that you speak to an attorney in order to prepare the petition.
Please note that this petition must be filed within 12 months of the date of injury so it is important that you move quickly and obtain all of the benefits you’re entitled to under the law.
And if you need help or believe that your employer placed you in a dangerous situation then give us a call for a free consultation at (510) 257-4141.