You Have the Right to Hire a Workers’ Compensation Attorney, and Your Employer Has to Tell You So
Workers’ Compensation provides valuable benefits to employees injured on the job. It pays for their medical expenses and it replaces a portion of their lost wages while they are out of work, all without regard for who was at fault in causing the accident. So long as the injury is work-related, the worker should be entitled to benefits.
That’s not always the end of the story, however. Employers and their insurance carriers often fight back against workers’ compensation claims. For instance, they might argue that the injury wasn’t work-related or that the worker wasn’t even injured in the first place. They will fight over how much benefits are due and how long they are obligated to pay them. A key protection for employees facing these challenges is the right to hire a workers’ compensation attorney to represent them. Without skilled legal representation, workers are often left at the mercy of employers and their insurers, who are in a superior position to tell the workers what they are owed, if anything, and how to navigate the complicated workers’ compensation process.
A new law passed this last year reinforces the importance of the right to legal representation. Learn more about this new law below, and contact Invictus Law, P.C., for help with a workers’ compensation claim in Orange County or the Inland Empire. Here you will find a California Board-Certified Workers’ Compensation Specialist and other experienced and successful workers’ compensation lawyers ready to help you get the benefits you are entitled to under the law.
Assembly Bill 1870: What It Is and What It Does
Assembly Bill 1870 (AB 1870) was passed by the California legislature last summer. It was approved by the Governor and filed with the Secretary of State on July 15, 2024. The new law amends section 3550 of the California Labor Code, which relates to the notice employers must provide to employees regarding their rights under California’s workers’ compensation laws. Section 3550 requires every employer covered by workers’ comp to post and keep posted at the workplace a notice that states the name of the employer’s workers’ compensation insurance carrier. This notice must be posted in a conspicuous location frequented by employees where it may be easily read by employees during the workday. Failure to comply with this law is a criminal offense.
The form and content of the notice are largely prescribed by the government. In addition to providing the name of the employer’s workers’ comp carrier, it must advise employees to report all injuries to their employer. The notice must be easily understandable and posted in both English and Spanish if the workplace includes Spanish-speaking employees.
The notice required by law further includes additional legal information about employee rights to workers’ comp and practical information regarding how to report an injury. Now, thanks to AB 1870, one of the items that must be included on the notice informs employees of their right to hire an attorney to assist them. Specifically, the notice now required by law must include the following information:
“The injured employee may consult a licensed attorney to advise them of their rights under workers’ compensations laws. In most instances, attorney’s fees will be paid from an injured employee’s recovery.”
This should not be construed to grant employees the right to an attorney provided by the government if they cannot afford one themselves. Legislation has been introduced to create such a right, but so far it has not become reality. However, as the notice indicates, the cost of an attorney is typically paid out of the worker’s recovery and does not cost them anything upfront. Most workers’ compensation attorneys work on a contingency fee basis, meaning they won’t charge a fee unless they are successful, and their fee comes from the award, so workers are never out of pocket for legal costs.
What Else Is in the Notice?
The notice about the right to consult an attorney is only one out of ten items that must be included in the notice. Other information employees will find on this notice include the following:
- 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 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. (added by AB 1870)
- The rights of the employee to select and change the treating physician pursuant to the provisions of Section 4600.
- The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, supplemental job displacement, and death benefits, as appropriate.
- 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 Section 132a.
- 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.
Contact Invictus Law, P.C., for Help With Workers’ Compensation Claims in Orange County and the Inland Empire
Hopefully all workers are well-informed of their rights in the event they are injured on the job. AB 1870 takes an important step in this regard by ensuring that employees are notified of their right to seek legal advice and assistance with their workers’ compensation claims. If you need help with your workers’ comp claim in Orange County or the Inland Empire, contact Invictus Law, P.C., by calling 888-9WORKLAW or 949-287-8711. Our experienced team is ready to answer your questions and help you get the benefits you need and deserve.
