California: Expanded Information to Provide Regarding Workplace Injury

On July 15, Gov. Gavin Newsom signed Assembly Bill (AB) 1870, which mandates that employers include information in their notices about an injured employee’s right to consult with a licensed attorney for advice about workers’ compensation law and that attorney fees may be paid as part of the injured worker’s award.

In California, employers have specific obligations to ensure their employees are well-informed about their rights and benefits under the workers’ compensation system. Employers must post a workers’ compensation informational poster in a conspicuous location frequented by employees.

Employers are required to provide new employees with a workers’ compensation pamphlet that outlines their rights and benefits. This must be done either at the time of hiring or by the end of the employee’s first pay period.

If an employee is injured, the employer must provide a Workers’ Compensation Claim Form (DWC 1) and a Notice of Potential Eligibility within one working day of learning about the injury.

AB 1870 expands these requirements to include notice of the employee’s right to consult a licensed attorney and that attorney fees may be paid from the injured worker’s award.

This requirement takes effect Jan. 1, 2025.

Laurie DeYoung is an attorney with Jackson Lewis in Los Angeles. © 2024 Jackson Lewis. All rights reserved. Reposted with permission.