Keenan Briefings

Briefing

Workers’ Compensation Legal Notification Posting Requirement

On July 15, 2024, California Governor Gavin Newsom signed AB 1870 into law. The bill amends Section 3550 of the Labor Code, focusing on enhancing employee awareness regarding workers' compensation rights.

The law is effective January 1, 2025, and employers are required to post notices that inform employees about their right to consult a licensed attorney for advice on workers' compensation claims. These notices are required to be posted in a conspicuous location frequented by employees during the hours of the workday.

KEY REQUIREMENTS

• The notice must clearly state that injured employees have the right to consult a licensed attorney to understand their rights under workers' compensation laws. It must also inform them that attorney's fees may, in some instances, be covered from the employee's recovery.
• The notice must include information on how an injured worker may obtain emergency medical treatment, the types of injuries covered by workers' compensation, an injured workers’ rights to medical care, and the procedures for selecting and changing treating physicians.
• The notice must be easily understandable and provided in both English and Spanish where there are Spanish-speaking employees.
• The notice must also outline the types of benefits available, such as temporary disability indemnity, permanent disability indemnity, supplemental job displacement, and death benefits.
• Failure to post this notice constitutes a misdemeanor.
• Failure of an employer to provide this notice as required shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure.

Workers’ compensation notices include, among other information, who the injured worker should report their injuries to, the injured worker’s right to select and change a treating physician, and certain employee protections against discrimination. The notice content and form are provided by the Division of Workers’ Compensation Administrative Director and available to self-insured employers and insurers.

The Posting Notice (“Notice to Employees”) is currently available, in English and Spanish, through P&C Bridge and on the Keenan website.

For more information regarding the new forms, please contact your Claims Analyst or Dara Overholt at doverholt@keenan.com or 310.212.0363 ext. 3730.

Keenan is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities, and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.