The Division of Workers’ Compensation (DWC) has posted an updated DWC Form 7 (Notice to Employees-Injuries caused By Work) on its website.

The updated Form 7 contains additional information required by Assembly Bill 1870, as enacted in 2024, which amended Labor Code section 3550(d)(4) to require notice to injured workers that: (1) they may consult a licensed attorney to advise them of their rights under workers’ compensation laws; and (2) in most instances, attorney’s fees will be paid out of what they recovery as a result of their claims. The amendment to Labor Code section 3550 becomes operative on January 1, 2025.

According to the Bill Analysis by the legislature, “Injured workers that have access to a lawyer generally have more success in navigating the workers’ compensation system. Injured workers who are represented by an attorney are more likely to challenge any initial denial of benefits and ultimately receive treatment and workers’ compensation benefits for their workplace injuries.”

“According to the California Judicial Counsel one of the main reasons civil litigants give for not retaining a lawyer is that they cannot afford one. The same perception likely applies for injured workers who do not seek legal help with their workers’ compensation case. However, attorneys in the workers’ compensation system are generally not paid until the case is resolved and are paid out of the injured worker’s recovery. Additionally, attorney fees must be approved by the Workers’ Compensation Appeals Board.”

“In each of the last six years, an average of 1,810 unrepresented injured workers asked to have their denial of benefits adjudicated. In each of those same six years, an average of 145,799 represented injured workers asked to have their denial of benefits adjudicated.”

“This bill requires notice of an employee’s right to consult an attorney, in relation to their workers’ compensation claim, be included on the Employees’ Rights posters posted by employers. In general, employers must replace state and federal labor law posters whenever the language of the employment law changes. At a minimum, this tends to happen annually.”

The updated notice, which is posted in English and Spanish versions, contains all of the information mandated under Labor Code section 3550(d) and can be used by employers to comply with the statute’s requirement that a notice be posted at the worksite advising employees of their rights under the state’s workers’ compensation laws.

The new version of the notice has been approved by the Office of Administrative Law and information regarding obtaining a copy of the form can be found at California Code of Regulations, title 8, section 9881.1. The form is available at no charge by downloading it from the web at www.dir.ca.gov/dwc/forms.html or by request from the DWC Information Services Center at 1-800-736-7401.