Serious and Willful Misconduct Claims After a Kern County Farm Equipment Injury
November 1, 2026 | Article by Chain | Cohn | Clark staff | General Social Share
If a farm employer’s deliberate disregard for safety caused you to sustain an injury, California law may potentially increase your workers’ compensation benefits by one-half through a serious and willful misconduct claim. The employer typically pays that increase directly, because the law does not allow its insurance to cover it. The standard is high: the employer must have known about the danger, known it was likely to cause serious injury, and deliberately failed to correct it. The petition must be filed within 12 months of the injury, a deadline that filing your regular workers’ compensation claim does not extend.
On a Kern County farm, a claim like this might involve a tractor kept in service without its rollover protection or a seat belt left broken after workers reported it. Because workers’ compensation is generally the only remedy against your employer, this increase is how the system accounts for an employer’s deliberate choice to leave a known hazard in place.
What a Serious and Willful Misconduct Finding Adds to Workers’ Compensation
In most cases, you cannot file a civil lawsuit against your own employer for a workplace injury, even one caused by unsafe equipment. A serious and willful misconduct petition is the mechanism within workers’ compensation that accounts for the employer’s conduct.
A finding of serious and willful misconduct typically increases the workers’ compensation benefits otherwise owed to you by one-half, plus up to $250 in costs. Your regular benefits continue through the employer’s insurer, and the increase is paid separately by the employer, since California prohibits insurers from covering it.
If another company, such as the manufacturer of a defective tractor or component, contributed to the injury, a separate third-party claim may also be available.
The Standard for Serious and Willful Misconduct
You must show that the employer knew about the dangerous condition, knew its probable result would be serious injury, and deliberately failed to correct it. The misconduct also has to come from specific people. The law looks to the employer itself, a managing representative, or for a corporation, an executive, managing officer, or general superintendent. An attorney can determine whether this type of claim may be available to you, and to whom it may apply.
The 12-Month Deadline for a Serious and Willful Misconduct Petition
AN Important NOTE
A serious and willful misconduct petition must be filed within 12 months of the date of injury. The deadline is separate from a regular workers’ compensation claim, and it is not extended by receiving benefits or by filing for other workers’ compensation benefits.
After a head or brain injury, the first months are often taken up by treatment and recovery, which makes this deadline easy to miss. Raising the issue early also allows time to gather evidence while the equipment and records still exist.
Evidence in a Serious and Willful Misconduct Claim
Equipment Condition
Photographs of the tractor or machine, including a missing ROPS, a damaged seat belt, or a removed guard, document the hazard before repairs or disposal change it.
Maintenance and Repair Records
Service logs, work orders, and parts invoices can show how long a problem existed and whether it was reported.
Prior Complaints and Incidents
Earlier complaints from workers, prior accidents, or warnings from inspectors help establish that the employer knew of the danger.
Witnesses
Coworkers who heard a hazard reported to a manager, or who saw the equipment kept in use despite the problem, can speak to what the employer knew.
Frequently Asked Questions About Serious and Willful Misconduct
Can I sue my farm employer after a tractor rollover?
In most cases, workers’ compensation is the only remedy against your employer, even when the employer knew a tractor was unsafe. A serious and willful misconduct petition increases your workers’ compensation benefits by one-half when the employer’s deliberate disregard for safety is proven to have caused the injury. A separate lawsuit may be possible against a third party, such as the manufacturer of a defective tractor or component.
Who pays the increased benefits?
The employer pays the increase directly. California law prohibits workers’ compensation insurers from covering the employer’s liability for the additional compensation, although an insurer can cover the cost of defending against the petition. Your regular benefits continue to be paid through the employer’s insurance.
Does a Cal/OSHA citation prove serious and willful misconduct?
Not on its own. A Cal/OSHA citation and the investigation behind it can be strong evidence, and a Cal/OSHA decision is not necessarily binding on the Workers’ Compensation Appeals Board. The board makes its own findings about what the employer knew and whether it deliberately failed to act.
Does the misconduct have to be by the farm owner?
The misconduct can come from the employer or a managing representative, and for a corporation, from an executive, managing officer, or general superintendent. What matters is whether the person had general authority to direct operations. A supervisor who only oversees daily crew work may not qualify, whatever that person’s title.
How long do I have to file a serious and willful misconduct claim?
The petition must be filed within 12 months of the date of injury. That deadline is not extended by receiving workers’ compensation benefits or by filing your regular workers’ compensation claim, so the issue should be raised as early as possible.
Speak with a Kern County Farm Accident Attorney Today
Chain | Cohn | Clark represents farm workers across Kern County in workers’ compensation claims, including serious and willful misconduct petitions. Contact our Kern County farm accident attorneys today to schedule a free consultation.
