Governor signs AB 1870: Workers’ comp notice must contain info about available legal services if employee is injured

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Employers should be informed of the latest update to workers’ compensation notices.  On July 15, 2024, Governor Gavin Newsom signed Assembly Bill (AB) 1870, a bill amending Labor Code section 3550 relating to employee rights notices in the workplace.

Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation (DWC), to compensate an employee for injuries sustained in the course of employment.  Section 3550 already requires employers who are subject to the workers’ compensation system to keep posted in a conspicuous location frequented by employees and easily read by employees during the hours of the workday a notice that includes the following:

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 rights of the employee to select and change the treating physician pursuant to the provisions of Section 4600 of the Labor Code.
5. The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, supplemental job displacement, and death benefits, as appropriate.
6. To whom injuries should be reported.
7. The existence of time limits for the employer to be notified of an occupational injury.
8. The protections against discrimination provided pursuant to Section 132a of the Labor Code.
9. The Internet Web site 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.

With the passage of AB 1870, this notice now must include information concerning an injured employee’s ability to consult a licensed attorney to advise them of their rights under workers’ compensation laws, as specified.  The bill also specifies that in most instances, attorney’s fees will be paid from an injured employee’s recovery.

As a 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 (WCJ). Should someone wish to appeal a WCJ decision they have 20 days to file a petition for reconsideration with the Workers’ Compensation Appeals Board (WCAB).

Workers are not required to use an attorney to navigate the claims process. However, they can be useful if someone has a particularly complex case or needs to appeal a decision. Attorneys who represent injured workers in workers’ compensation cases do not receive payment immediately. Instead, the WCAB sets attorneys’ fees, which are typically payable out of a client’s award. A 2010 study conducted by the CHSWC, “Report on Benefit Notices and Recommendations,” found that workers’ compensation benefit notices were too voluminous, complex, and overwhelming. In response, the Legislature passed AB 335 in 2011 which, among other things, directed the administrative director of the DWC to prescribe reasonable rules and regulations, including notice of the right to consult with an attorney, where appropriate when serving specified claims notices on an employee. Existing law lists the individual notices that carry this requirement. AB 1870 builds on AB 335, by requiring employers to include an employee’s right to consult an attorney in their workers’ compensation employee rights notice.

The requirements of AB 1870 go into effect January 1, 2025, so employers must be prepared to update their workplace notifications by this date.

Rosasco Law Group will keep you apprised of any new templates that are issued for notifying employees.  Our firm is always available to help answer any questions that employers may have regarding employee rights notices or any other workplace requirements.  Our firm wants to ensure that our clients go through all of the proper stages in the employment process, so give our office a call and we will help guide you.