08/13/2026
What Counts As Serious And Willful Misconduct
The Workers’ Compensation Appeals Board of California, as well as the civil courts, determines what constitutes serious and willful misconduct, depending on the details of each case. Although no formal definition of this term has been outlined under the Labor Code, it is regarded as conduct by an employer that goes beyond gross negligence and borders on criminal behavior. For example, if an employer is fully cognizant of a hazard in their workplace that is likely to result in severe injury to an employee but takes no action to remove the hazard or otherwise mitigate risks to employee health and well-being, that employer could be accused of serious and willful misconduct.