If an employer is guilty of serious and willful misconduct, what is the employee's compensation?

• A. IW gets 10% more in compensation
• B. No change
• C. Employer loses exclusive remedy protection
• D. Double the amount of premium, 10,000

Answer: (C)

In California, workers’ compensation generally provides the exclusive remedy for workplace injuries, meaning an employee can’t sue the employer for damages in most cases. However, when the employer is guilty of serious and willful misconduct, that exclusive remedy protection is removed. That means the employee can pursue a civil action to recover damages from the employer beyond what workers’ comp would pay. So the employee’s potential compensation is not limited to workers’ compensation; they may obtain damages through a separate civil case. The other options don’t fit because they describe changes or penalties that don’t align with the principle that serious and willful misconduct strips the exclusive remedy protection.