Section 28 Double Benefits – Employers Willful Misconduct

Section 28 of the Act provides for double compensation in cases where the employee can show that the employer was guilty of serious and willful misconduct. These cases are extremely difficult to prove. The Department takes a very conservative view in awarding these benefits. An award of Section 28 benefits would double all weekly and medical benefits. One example in which double compensation may be awarded is the employment of minors and underage workers. If the employer is guilty of employing a minor in violation of the law, a claim for double compensation will usually be approved, if said minor sustains a compensable injury.

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