| 1 | | - | Assembly Bill No. 1870 CHAPTER 87An act to amend Section 3550 of the Labor Code, relating to workers compensation. [ Approved by Governor July 15, 2024. Filed with Secretary of State July 15, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 1870, Ortega. Notice to employees: legal services.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Employers who are subject to the workers compensation system are generally required 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, among other information, to whom injuries should be reported, the rights of an employee to select and change a treating physician, and certain employee protections against discrimination. Existing law requires the administrative director to make the form and content of this notice available to self-insured employers and insurers.This bill would require the notice to include information concerning an injured employees ability to consult a licensed attorney to advise them of their rights under workers compensations laws, as specified. The bill would also make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3550 of the Labor Code is amended to read:3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment.(b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.(c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351.(d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information:(1) How to get emergency medical treatment, if needed.(2) The kinds of events, injuries, and illnesses covered by workers compensation.(3) The injured employees right to receive medical care.(4) The injured employee may consult a licensed attorney to advise them of their rights under workers compensations laws. In most instances, attorneys fees will be paid from an injured employees 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.(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 employees rights and obligations, including the location and telephone number of the nearest information and assistance officer.(e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure.(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice. |
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| 1 | + | Enrolled June 25, 2024 Passed IN Senate June 20, 2024 Passed IN Assembly April 25, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1870Introduced by Assembly Member OrtegaJanuary 22, 2024An act to amend Section 3550 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTAB 1870, Ortega. Notice to employees: legal services.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Employers who are subject to the workers compensation system are generally required 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, among other information, to whom injuries should be reported, the rights of an employee to select and change a treating physician, and certain employee protections against discrimination. Existing law requires the administrative director to make the form and content of this notice available to self-insured employers and insurers.This bill would require the notice to include information concerning an injured employees ability to consult a licensed attorney to advise them of their rights under workers compensations laws, as specified. The bill would also make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3550 of the Labor Code is amended to read:3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment.(b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.(c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351.(d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information:(1) How to get emergency medical treatment, if needed.(2) The kinds of events, injuries, and illnesses covered by workers compensation.(3) The injured employees right to receive medical care.(4) The injured employee may consult a licensed attorney to advise them of their rights under workers compensations laws. In most instances, attorneys fees will be paid from an injured employees 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.(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 employees rights and obligations, including the location and telephone number of the nearest information and assistance officer.(e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure.(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 1870, Ortega. Notice to employees: legal services. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Employers who are subject to the workers compensation system are generally required 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, among other information, to whom injuries should be reported, the rights of an employee to select and change a treating physician, and certain employee protections against discrimination. Existing law requires the administrative director to make the form and content of this notice available to self-insured employers and insurers.This bill would require the notice to include information concerning an injured employees ability to consult a licensed attorney to advise them of their rights under workers compensations laws, as specified. The bill would also make technical, nonsubstantive changes to these provisions. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Employers who are subject to the workers compensation system are generally required 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, among other information, to whom injuries should be reported, the rights of an employee to select and change a treating physician, and certain employee protections against discrimination. Existing law requires the administrative director to make the form and content of this notice available to self-insured employers and insurers. |
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| 24 | 34 | | |
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| 25 | 35 | | This bill would require the notice to include information concerning an injured employees ability to consult a licensed attorney to advise them of their rights under workers compensations laws, as specified. The bill would also make technical, nonsubstantive changes to these provisions. |
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| 26 | 36 | | |
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| 27 | 37 | | ## Digest Key |
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| 28 | 38 | | |
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| 29 | 39 | | ## Bill Text |
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| 30 | 40 | | |
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| 31 | 41 | | The people of the State of California do enact as follows:SECTION 1. Section 3550 of the Labor Code is amended to read:3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment.(b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.(c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351.(d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information:(1) How to get emergency medical treatment, if needed.(2) The kinds of events, injuries, and illnesses covered by workers compensation.(3) The injured employees right to receive medical care.(4) The injured employee may consult a licensed attorney to advise them of their rights under workers compensations laws. In most instances, attorneys fees will be paid from an injured employees 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.(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 employees rights and obligations, including the location and telephone number of the nearest information and assistance officer.(e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure.(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice. |
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| 32 | 42 | | |
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| 33 | 43 | | The people of the State of California do enact as follows: |
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| 34 | 44 | | |
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| 35 | 45 | | ## The people of the State of California do enact as follows: |
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| 36 | 46 | | |
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| 37 | 47 | | SECTION 1. Section 3550 of the Labor Code is amended to read:3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment.(b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.(c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351.(d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information:(1) How to get emergency medical treatment, if needed.(2) The kinds of events, injuries, and illnesses covered by workers compensation.(3) The injured employees right to receive medical care.(4) The injured employee may consult a licensed attorney to advise them of their rights under workers compensations laws. In most instances, attorneys fees will be paid from an injured employees 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.(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 employees rights and obligations, including the location and telephone number of the nearest information and assistance officer.(e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure.(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice. |
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| 38 | 48 | | |
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| 39 | 49 | | SECTION 1. Section 3550 of the Labor Code is amended to read: |
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| 40 | 50 | | |
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| 41 | 51 | | ### SECTION 1. |
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| 42 | 52 | | |
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| 43 | 53 | | 3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment.(b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.(c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351.(d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information:(1) How to get emergency medical treatment, if needed.(2) The kinds of events, injuries, and illnesses covered by workers compensation.(3) The injured employees right to receive medical care.(4) The injured employee may consult a licensed attorney to advise them of their rights under workers compensations laws. In most instances, attorneys fees will be paid from an injured employees 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.(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 employees rights and obligations, including the location and telephone number of the nearest information and assistance officer.(e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure.(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice. |
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| 44 | 54 | | |
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| 45 | 55 | | 3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment.(b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.(c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351.(d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information:(1) How to get emergency medical treatment, if needed.(2) The kinds of events, injuries, and illnesses covered by workers compensation.(3) The injured employees right to receive medical care.(4) The injured employee may consult a licensed attorney to advise them of their rights under workers compensations laws. In most instances, attorneys fees will be paid from an injured employees 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.(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 employees rights and obligations, including the location and telephone number of the nearest information and assistance officer.(e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure.(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice. |
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| 46 | 56 | | |
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| 47 | 57 | | 3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment.(b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.(c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351.(d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information:(1) How to get emergency medical treatment, if needed.(2) The kinds of events, injuries, and illnesses covered by workers compensation.(3) The injured employees right to receive medical care.(4) The injured employee may consult a licensed attorney to advise them of their rights under workers compensations laws. In most instances, attorneys fees will be paid from an injured employees 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.(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 employees rights and obligations, including the location and telephone number of the nearest information and assistance officer.(e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure.(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice. |
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| 48 | 58 | | |
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| 49 | 59 | | |
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| 50 | 60 | | |
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| 51 | 61 | | 3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when appropriate, that the employer is self-insured, and who is responsible for claims adjustment. |
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| 52 | 62 | | |
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| 53 | 63 | | (b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance. |
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| 54 | 64 | | |
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| 55 | 65 | | (c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351. |
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| 56 | 66 | | |
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| 57 | 67 | | (d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information: |
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| 58 | 68 | | |
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| 59 | 69 | | (1) How to get emergency medical treatment, if needed. |
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| 60 | 70 | | |
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| 61 | 71 | | (2) The kinds of events, injuries, and illnesses covered by workers compensation. |
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| 62 | 72 | | |
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| 63 | 73 | | (3) The injured employees right to receive medical care. |
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| 64 | 74 | | |
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| 65 | 75 | | (4) The injured employee may consult a licensed attorney to advise them of their rights under workers compensations laws. In most instances, attorneys fees will be paid from an injured employees recovery. |
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| 66 | 76 | | |
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| 67 | 77 | | (5) The rights of the employee to select and change the treating physician pursuant to the provisions of Section 4600. |
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| 68 | 78 | | |
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| 69 | 79 | | (6) The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, supplemental job displacement, and death benefits, as appropriate. |
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| 70 | 80 | | |
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| 71 | 81 | | (7) To whom injuries should be reported. |
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| 72 | 82 | | |
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| 73 | 83 | | (8) The existence of time limits for the employer to be notified of an occupational injury. |
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| 74 | 84 | | |
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| 75 | 85 | | (9) The protections against discrimination provided pursuant to Section 132a. |
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| 76 | 86 | | |
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| 77 | 87 | | (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 employees rights and obligations, including the location and telephone number of the nearest information and assistance officer. |
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| 78 | 88 | | |
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| 79 | 89 | | (e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by their personal physician with respect to an injury occurring during that failure. |
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| 80 | 90 | | |
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| 81 | 91 | | (f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice. |
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