Lisa Von Eschen

California employers must ensure compliance with the updated workers’ compensation notice requirements under AB 1870, which amends Labor Code Section 3550. Employers are already required to post a workers’ compensation notice in a conspicuous location accessible to employees during work hours. This notice must be provided in both English and Spanish when there are Spanish-speaking employees and must include key information such as the name of the workers’ compensation insurance carrier or, if applicable, the employer's self-insured status and claims adjuster details.

Existing notice requirements include:

• How to get emergency medical treatment, if needed.
• The kinds of events, injuries, and illnesses covered by workers’ compensation.
• The injured employee’s right to receive medical care.
• The rights of an employee to select and change treating physicians.
• The rights of the employee to receive temporary disability and other benefits.
• To whom injuries should be reported.
• The existence of time limits for the employer to be notified of an occupational injury.
• The protections against discrimination provided pursuant to Labor Code Section 132a.
• The internet website address and contact information to obtain further information about the workers’ compensation claims process and an injured employee’s rights and obligations.

What’s New Under AB 1870?

Effective January 1, 2025, the workers’ compensation notice must also include:

• Information concerning an injured employee’s ability to consult a licensed attorney to advise them of their rights under workers’ compensations laws.
• Information that in some instances attorneys’ fees may be paid from an injured employee’s recovery.

Failure to display the updated notice is a serious issue. Not only can it result in misdemeanor charges and serve as prima facie evidence of noninsurance, but it also may allow employees to seek treatment from their personal physician for injuries occurring during the period of noncompliance.

Employers must update their notices by January 1, 2025, and ensure they are properly displayed in compliance with these new requirements.