New Workers Compensation Laws
Well, as usual, California has figured out another way to fine employers. For those of you who have not heard, effective October 8, 2010, California has amended regulations that will impact materials that are to be given out to employees regarding their rights and obligations under the workers compensation laws. These new materials must be given out before the deadline noted above. These changes impact both insured and self-insured employers. The new revisions are as follows:
1. new hire pamphlets;
2. the posting notices that must be displayed on the bulletin boards;
3. the DWC-1 claim form and notice of potential Eligibility;
4. New Medical Provider (MPN) notice requirements.
Here’s where you can get in trouble. The failure to provide the current information to employees can lead to a loss of medical control, civil penalties of up to $7,000 for EACH violation of the posting requirement and the tolling of the statute of limitations for filing a claim. The latest amendments to the notice requirements gives additional information on MPN’s, and eliminates references to vocational rehabilitation which, as I understand it, is no longer available.
The Workers’ Compensation Institute has been approved to distribute the new postings and has translated the pamphlets and posting notices in Spanish as required by law and has the printed the materials ready to go. If you would like to order the new forms you can do so at www.cwci.org.
The above information was sent to me by Sam Celly of Celly Services who offers Environmental, Health & safety Services.
Just as a side note, and not to jump into the political arena, I had lunch with State Senator Tony Strickland last week. He is running for State Controller. Tony and I discussed the workers compensation system and its impact on employers. He feels the system is too one-sided and told me that he agrees that there needs to be some changes made. Look, I get it, he’s a politician but I have to say I don’t believe he is the “run of the mill politician.” I have actually met with him a few times and have taken the opportunity to express concerns about California’s attitude against employers. I honestly do believe that he will try to do some good for employers. Keep him in mind in November.