New Law Requires Workers’ Compensation Posters To Advise Employees of Right to Counsel

Topics: New Laws & Legislation, Personnel Policies and Procedures

Under California Labor Code Section 3550, California employers subject to the workers’ compensation system are already required to post easily understandable notices in the workplace advising employees of their rights (such as filing a claim and seeking medical attention) when they sustain a workplace-related injury. The notice must be posted in both English and Spanish, where Spanish-speaking employees are present. 

On July 15, 2024, Governor Gavin Newsom signed Assembly Bill 1870 (“AB 1870”), which amends Section 3550 of the California Labor Code. Employers must now add information regarding an employee’s right to consult a licensed attorney to advise them of their rights under workers’ compensations laws on the notice, and further specifies that the notice states that in most instances, the attorney’s fees will be paid from an injured employee’s recovery. Workers are not required to use an attorney to navigate the claims process. However, the legislative intent behind this new disclosure requirement is to inform employees of their right to seek the assistance of counsel if the employee has a particularly complex case or needs to appeal a decision. 

Pursuant to the amended Section 3550 of the California Labor Code, an employer’s workers’ compensation employee rights notice must include (the requirement denoted with an * is new under AB 1870): 

1. How to get emergency medical treatment, if needed.
2. The kinds of events, injuries, and illnesses covered by workers’ compensation.
3. The injured employee’s right to receive medical care.
4. *The injured employee may consult a licensed attorney to advise them of their rights under workers’ compensation laws. In most instances, attorney’s fees will be paid from an injured employee’s recovery.
5. The rights of the employee to select and change the treating physician pursuant to the provisions of Section 4600.
6. The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, supplemental job displacement, and death benefits, as appropriate.
7. To whom injuries should be reported.
8. The existence of time limits for the employer to be notified of an occupational injury.
9. The protections against discrimination provided pursuant to Section 132a of the Labor Code.
10. The internet website address and contact information that employees may use to obtain further information about the workers’ compensation claims process and an injured employee’s rights and obligations, including the location and telephone number of the nearest information and assistance officer.

AB 1870 becomes effective January 1, 2025. Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor and shall be prima facie evidence of noninsurance. 

Procedure Refresher

When workers are injured on the job, they should notify their employer as soon as possible. Once notified, employers must provide workers with a claim form within one working day. After both parties complete the form, the employer’s insurance company has fourteen days to mail workers a letter with an update on the status of their claim and 90 days to accept or deny a claim. Workers have one year from their injury date or denial notice receipt to appeal a denied claim to a workers’ compensation administrative law judge (ALJ). One has 20 days to file a petition for reconsideration with the Workers’ Compensation Appeals Board (WCAB) if they wish to appeal the ALJ’s decision.

Next Steps

Employers should plan to update their workers’ compensation employee rights notice prior to January 1, 2025. If you have any questions about this blog post, please contact your favorite CDF attorney. Be sure to subscribe to CDF’s blog here to ensure you don’t miss out on future posts.