Labor Code Section 4553 provides that the amount of compensation otherwise recoverable by an employee may be increased by 50 percent, together with costs and expenses, when the employee is injured by reason of serious and willful misconduct involving the employer. In California, insurers are prohibited from insuring employers against liability for the additional compensation recoverable for the serious and willful misconduct of the employer or the employer’s agent. Our attorneys are trained to identify potential serious and willful claims and to investigate and defend such allegations when they arise. Black and Rose has experience in minimizing the exposure for employers and eliminating serious and willful claims as part of the overall claims handling.
