Legal Question in Workers Comp in California

Yes and you have to file it within one year from the date of injury. If you need assistance feel free to call me at 213-388-7070 for a free consultation.

A Serious & Willful Misconduct of the Employer petition has to be filed at the WCAB where you filed your Application AND personally served on the company's Agent for Service of Process before the one-year deadline... THEN you have to prove (not just assert , but prove to a WCAB Judge) that a person in position of authority with the employer KNEW someone would likely get hurt from the dangerous condition. You testifying that you verbally told the safety manager probabally won't be enough; you would need a memo or a text message in which the manager acknowledges receipt or witnesses (very credible) to the conversations. Sadly, almost nobody ever has this before being hurt so very few S&W findings are made. DO NOT HIRE one attorney to represent you on the disability part of the claim but they try to find another attorney to do the S&W; many lawyers are not equipped to do the S&W Petition and prosecution so they tell the injured worker they are only helping on the treatment and disability but to go find another to pursue the S&W portion, and no attorney will take only the S&W portion of a claim because it's twice the work for 1/2 the money... whoever you hire, be certain they are good at handling BOTH the case in chief And the S&W Petition.