IF A WORKER IS INJURED BY THE EMPLOYER’S “SERIOUS & WILLFUL” (S&W) CONDUCT, THE INJURED EMPLOYEE MAY FILE A PETITION FOR 50% INCREASED COMPENSATION.
In a S&W claim, the injured employee has the burden of proving that his/her employer had knowledge that serious injury would probably result if it directed the employee, to engage in a dangerous on-the-job activity. Under Labor Code § 4553.1, the employee may use...