Legal Question in Workers Comp in California

when an injured worker files a serious & Willful claim with the WCAB is the coverage found in part b?


Asked on 10/24/12, 7:41 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

There is NO COVERAGE against a finding of Serious & Willful Misconduct of the Em;ployer.

Serious & Willful Misconduct of an Employer is a misdemeanor crime... one cannot insure for losses for committing a crime.

The employer must personally defend a Petition for Increased Benefits for SErious & Willful Misconduct of the Employer, often hiring their own attorney for which they pay out of pocket.

Rarely, the insurance adjuster permits the attorney defending the injury claim to answer the petition and negotiate a resolution... but most Insurance Adjusters give notice the Serious & Willful petition is NOT covered by the Workers Compensation Coverage and advises the employer to secure private counsel immediately.

Read more
Answered on 12/03/12, 4:13 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California