How do you prove serious and willful misconduct?
Proving serious and willful on the part of your employer can be very difficult, so we recommend contacting a Sacramento Workers’ Compensation Attorney. Our attorneys have many years of experience in serious and willful misconduct cases.  To prove your employer violated a Cal/OSHA safety order, you and your attorney must show:  How the order was violated  How the violation caused your injury; and  Your employer knew of the safety order and they knew they were in violation. To prove employer serious and willful misconduct for an unsafe environment, an injured employee must show:  Your employer knew of the dangerous working conditions;  Your employer knew the situation would probably result in serious injury to an employee; and  Your employer deliberately failed to take action to correct the problem.