Serious and Willful Misconduct (S&W)
Legal basis: LC §4553
Definition
A finding that the employer's deliberate violation of safety regulations or knowing disregard for employee safety contributed to the worker's injury. If proven, the worker may receive a 50% increase in compensation benefits. Employer serious and willful misconduct is distinguished from simple negligence by the element of deliberateness.
Related Terms
Frequently Asked Questions
What is a Serious and Willful Misconduct (S&W)?
A finding that the employer's deliberate violation of safety regulations or knowing disregard for employee safety contributed to the worker's injury. If proven, the worker may receive a 50% increase in compensation benefits. Employer serious and willful misconduct is distinguished from simple negligence by the element of deliberateness.
What is the legal basis for S&W in California workers' compensation?
Serious and Willful Misconduct is governed by LC §4553 under California workers' compensation law. This statute defines the requirements, procedures, and standards for serious and willful misconduct in the workers' compensation system as of 2026.
What agency oversees serious and willful misconduct in California?
Serious and Willful Misconduct falls under the jurisdiction of California's Division of Workers' Compensation (DWC) per LC §4553. The DWC establishes rules, guidelines, and enforcement procedures to ensure compliance across the workers' compensation system.