Legal Definitions - serious and willful misconduct

Serious and willful misconduct is an intentional act that is done with the knowledge that it will likely result in serious injury or with a reckless disregard for the probable consequences. This term is often used in the context of workers' compensation.

Here are some examples of serious and willful misconduct:

• A construction worker who removes a safety guard from a dangerous machine, knowing that it could cause serious injury to themselves or others.
• An employer who instructs their employees to work on a roof without proper safety equipment, despite knowing that it could result in a fall and serious injury.
• A truck driver who knowingly drives under the influence of drugs or alcohol, putting themselves and others on the road at risk of serious injury or death.

These examples illustrate the definition of serious and willful misconduct because in each case, the person involved knew that their actions could result in serious injury or harm, yet they chose to proceed anyway. This type of behavior is considered particularly egregious and can result in severe consequences, such as the denial of workers' compensation benefits or even criminal charges.