If an employer is guilty of serious and willful misconduct the employee's compensation is:

If an employer is guilty of serious and willful misconduct the employee's compensation is:

• A. Increased by 10%
• B. Increased by $250
• C. Increased by one-half
• D. Increased by one-half up to $10k

Answer: (A)

When an employer is found guilty of serious and willful misconduct, California workers’ compensation law provides a penalty that increases the employee’s compensation by 10 percent. This uplift serves both to deter egregious employer behavior and to compensate the employee for the misconduct involved. The increase is a percentage of the compensation due, not a fixed dollar amount or a larger percentage. For example, if compensation owed is $2,000, the uplift would add $200, totaling $2,200. The other options (a flat $250, a 50% increase, or a 50% increase with a cap) do not align with this statutory remedy.

When an employer is found guilty of serious and willful misconduct, California workers’ compensation law provides a penalty that increases the employee’s compensation by 10 percent. This uplift serves both to deter egregious employer behavior and to compensate the employee for the misconduct involved. The increase is a percentage of the compensation due, not a fixed dollar amount or a larger percentage. For example, if compensation owed is $2,000, the uplift would add $200, totaling $2,200. The other options (a flat $250, a 50% increase, or a 50% increase with a cap) do not align with this statutory remedy.