The Division of Workers’ Compensation (DWC) has approved updates to the California Workers’ Compensation Institute’s (CWCI) “Facts About Workers’ Compensation” pamphlet and the posting notice, “If A Work Injury Occurs,” which employers use to meet the statutory requirements to provide employees with basic information about workers’ compensation. The revisions were made to reflect changes that take effect January 1, 2008.

New hire pamphlets and posting notices are mandated by Labor Code Sections 3550 and 3551, and the notice requirements apply to insured and self-insured employers. The law specifies that insurers shall provide the notices to their policyholders with advice concerning the posting requirements and the penalties for failure to post and supply the information to employees, which can include loss of employer 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. State regulations allow private enterprises to prepare and publish the posting notice or pamphlets if they are approved by the DWC, so insurers, employers and others rely on CWCI to produce the notices and keep them current. The latest changes include information on the new 5-year window for collecting up to 104 weeks of temporary disability (AB 338, effective for most injuries occurring on or after January 1, 2008); modifications to the physician predesignation form to match CCR §9783, adopted in March; and other details suggested by CWCI staff and customers (e.g. the new posting notice notes the 15% adjustment to PD payments based on the return-to-work offer, and the death benefit section now notes the burial allowance).

CWCI has obtained DWC approval for the revised pamphlet and posting notice and has translated them into Spanish so that employers can comply with state laws and regulations requiring that the notices be available in Spanish as well. In addition to updating the new hire pamphlet and posting notice, the Institute has revised its “Facts For Injured Workers” pamphlet, which many claims operations and employers use to advise injured workers of their rights and obligations. The update of this pamphlet includes the new information on the TD cap as well as new TD rates that take effect January 1. This pamphlet also includes language so that insurers and employers can meet the statutory mandates to notify employees who are victims of a workplace crime of potential rights to workers’ compensation, and to advise injured workers about penalties and prosecution for fraudulent receipt of TD – the notice that state law requires be sent with a TD check.

The 2008 updates of the pamphlets and posting notices, as well as DWC-1 claim forms, Spanish versions of “Help in Returning to Work” (the Voc Rehab pamphlet for pre-2004 injury claims), and CWCI’s Employers’ Guide to California Workers’ Compensation may be ordered online, from the Store at www.cwci.org and returned by fax or mail. Order forms also can be requested by calling CWCI at 510-251-9470. All orders must be prepaid. For shipments outside California, delivery other than regular UPS, member discounts, special imprints or orders over $1,000, call CWCI for quotes.