By October 8, 2010, California employers must comply with the following new posting and publication requirements: (1) post in a conspicuous location frequented by all employees a new “Notice to Employees – Injuries Caused By Work”; (2) distribute updated versions of new hire pamphlets and; (3) use the new DWC-1 Claim Form/Notice of Potential Eligibility (NOPE). The newly issued regulations from the California Division of Workers Compensation can be found at Title 8, Cal. Code Regulation § 9810, et seq.
The notice must include: (1) the name of the workers compensation carrier; (2) how an employee can obtain medical treatment; (3) emergency information and assistance phone numbers; (4) a description of the types of illnesses and injuries covered by workers compensation; (5) a notice as to the types of injuries not covered (i.e. off duty social and recreational); (6) description of employee’s right to designate a physician and receive medical care; (7) a description of disability benefits; and (8) time limits for and identification of persons to whom injuries must be reported. Additionally, employers must distribute the redesigned “Your Right To Workers Compensation” pamphlet. The pamphlet can be obtained at this website.
Additionally, employers who utilize a Medical Provider Network (MPN) must, by October 8, 2010, create an MPN notice, post it next to the “Notice to Employees – Injuries Caused by Work” and distribute the MPN notice to employees injured at work after that date. The regulations do allow for electronic distribution of the MPN notices. the notices must state that medical treatment for new injuries will be covered by the MPN unless the employee effectively predesignates a physician or medical group prior to injury. The notice must also contain a toll free number and email address for contacting the MPN.
Failure to provide employees with the currently required information can lead to severe penalties, including loss of employer medical control, civil penalties of up to $7,000 for each violation of the posting requirements and a tolling of the statute of limitations for filing claims.