California recently enacted new requirements concerning the notice employers must give their employees regarding workers’ compensation matters.  Effective January 1, 2025, Assembly Bill 1870 amends Labor Code section 3550 to require employers to advise their employees of the right to consult a licensed attorney regarding any worker’s compensation claim who will be paid from an injured employee’s recovery in most instances.

Currently, the California Labor Code requires employers to conspicuously post a notice that includes specific information regarding worker’s compensation claims, including:

(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 Labor Code section 4600.

(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 Labor Code section 132a.

(9) 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 expands employer’s posting obligations by requiring employer’s to now also conspicuously post: “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.”

Labor Code section 3550 continues to require the notice required by this section be provided by the Department of Workers’ Compensation (DWC) Administrative Director, after consultation with the Commission on Health and Safety and Workers’ Compensation.  It is required that the notice advise employees that all injuries should be reported to their employer.  Further, the notice must be easily understandable and posted in both English and Spanish where there are Spanish-speaking employees.  The form provided by the DWC can be found here.  Alternatively, employers may obtain a form of notice from their workers’ compensation insurance carrier claims administrator or may draft their own notice, which can be submitted to the DWC Administrative Director for approval.