Serious & Willful Misconduct

Oakland Injury Attorneys


Some workplace accidents are just that—accidents that are not the fault of any party. Accidents simply happen.

In some cases, however, employers may knowingly endanger employees by failing to follow prescribed safety standards set by the Occupational Health & Safety Administration (OSHA), or by not meeting their obligation to provide a safe work environment.

Addressing Workplace Negligence

If you have been injured because your employer engages in “serious and willful misconduct” as defined by California Labor Code §4563, you may claim damages from your employer in addition to the workers’ compensation benefits you receive. This can increase your total benefits received by 50 percent if your case warrants it.

Our attorneys at Boxer & Gerson, LLP have represented thousands of injured workers in cases involving workplace accidents and negligence. We are experienced, knowledgeable in the law, and appropriately aggressive when representing our clients in workplace negligence cases.

Contact Boxer & Gerson, LLP for a free consultation about your case.

What Is Serious and Willful Misconduct?

The burden of proof is complicated in a serious and willful misconduct case. That is why it is important to consult a lawyer experienced in that particular area of the law. Boxer & Gerson, LLP has a record of success in complex workers’ compensation and negligence cases. We will work tenaciously to carry that success forward into your case. 

Our attorneys will carefully investigate the circumstances of your injury, systematically documenting any willful negligence on the part of your employer. If your accident was caused by the negligence of a contractor or equipment supplier, you may also have a third-party claim. This may entitle you to obtain compensation for additional lost income, pain, suffering, and emotional distress.

Free Consultation With a Lawyer

Contact Boxer & Gerson, LLP for a free consultation about your workplace accident claim.

Your case is unique. We are too.

Learn about us

No recovery, no fee

We don’t get paid unless you recoup your losses.

In-depth hearings prep

We’ll prepare you thoroughly for hearings so you’ll feel confident.

Same attorney, all the way

You’ll partner with the same team from start to finish.