California-based attorney Slade Neighbors leads his own professional law corporation as owner and attorney. This not only requires overseeing operations at the law offices, but also performing the regular functions of an attorney, such as providing legal advice and representing clients at trials. Slade Neighbors primarily focuses his practice on workers’ compensation defense, and is particularly knowledgeable about serious and willful injury petitions.
In the state of California, serious and willful misconduct (S&W) is generally defined as failure to act or any intentional act that has a high likelihood of serious injury. Such behavior goes beyond gross negligence, but does not cross the line into criminal behavior. This may include such things as violating a safety order that was designed to maintain safe conditions for employees or placing an employee in a situation that could result in serious injury, despite being fully aware of this risk ahead of time.
During an S&W case, the plaintiff must prove that an employer was aware of a potential hazard in the workplace and did nothing to mitigate the risk that it posed to employee well-being and health. Depending on the situation, this may include everything from evidence that a specific order was violated to proof that the condition or situation led to the employee becoming seriously injured.
When this type of conduct is proven to have been perpetrated by the employer, the amount they owe to the plaintiff increases by 50 percent. This is applied to the total amount that an employee receives for their injury, including the cost of medical treatment, vocational rehabilitation, legal fees, and benefit payments. On the other hand, if an employee is injured due to their own serious and willful misconduct, their benefits may be decreased by 50 percent.
Slade J Neighbors 